Being charged with a crime can be one of the most frightening events in your life.
You find yourself suddenly immersed in a foreign criminal justice system designed to overwhelm you. Your freedom, reputation and future are on the line, with no guarantee of a fair outcome. But wait, it gets worse…
The average person is ignorant of their basic legal rights when arrested.
This can lead to them losing everything in the system. But there is good news…
By understanding your fundamental legal rights and working with an experienced Wisconsin criminal defense attorney, you can fight for yourself and greatly improve your odds of a positive result.
Let’s dig in!
Related Articles
Your Constitutional Rights Matter
The United States Constitution provides you with specific protections when accused of a crime.
These are not mere guidelines. They are the bedrock rights of all Americans that law enforcement and prosecutors are required to respect. The problem? Most defendants are unaware of these rights and how to properly assert them.
If you don’t even know these rights exist, how can you possibly exercise them? That is precisely why understanding them is so important.
Right to Remain Silent
This is likely the right most of you are familiar with, thanks to countless hours of TV and movies.
However, most people get one critical thing wrong… they believe remaining silent makes them look guilty. So they answer questions, trying to “explain their side” or “clear things up.”
This is almost always a mistake.
Anything you say to police can and will be used against you in court. Police officers are expert interrogators trained to get you talking, even about innocuous matters that can later be used against you as evidence.
The Fifth Amendment to the U.S. Constitution gives you the right to remain silent and not incriminate yourself.
Invoke that right.
Protection Against Unreasonable Searches
The Fourth Amendment of the Constitution protects you against unreasonable searches and seizures.
That means law enforcement usually needs a warrant to search your property. There are exceptions (like consent), but the general rule is simple. You have the right to refuse to consent to a search.
If a police officer asks “Can I search your car?” the answer is no. You can and should refuse. That refusal cannot be used as evidence of guilt.
If police conduct an illegal search, evidence they find might be excluded from your trial. This is known as the “exclusionary rule” and is one of your most powerful weapons.
The Right to an Attorney Changes Everything
The United States Supreme Court decided Gideon v. Wainwright in 1963.
The Court held states must provide attorneys to criminal defendants who cannot afford them. This case revolutionized the entire criminal justice system.
Today, approximately 82% of felony defendants in 75 major counties across the country are represented by publicly-financed counsel. That’s millions of Americans every year who rely on public defenders.
The right to an attorney is the right that makes all other rights meaningful.
Public Defender vs. Private Attorney
When it comes to legal representation, you have options.
If you cannot afford a private attorney, the court will appoint a public defender. These attorneys are often dedicated professionals who handle hundreds of cases.
In fact, some public defenders have caseloads of more than 200 clients at any one time. This is an astronomically high number of cases.
While many public defenders are skilled and experienced, private attorneys generally have more time and resources to invest in your case. A private and experienced criminal defense attorney can conduct an extensive investigation, hire experts and put together the strongest possible defense.
Dedicated legal representation goes a long way in greatly improving your chances of a favorable outcome.
When Should You Get an Attorney?
The answer is as soon as possible.
The moment you are arrested – or even before if you know you are under investigation – you should consult with a criminal defense attorney. Early legal guidance can help you avoid making critical mistakes.
Keep in mind, in the federal court system alone, there were 66,035 criminal defendant filings in recent statistics. Don’t let yours fall through the cracks.
Understanding the Criminal Defense Process
The criminal justice system is complicated and can feel overwhelming to someone facing charges.
Let’s deconstruct what actually happens during each stage of the process.
Arrest and Booking
After you are arrested, you will go through booking.
The booking process includes fingerprinting, photographing, taking personal information, and background checks. While going through this process, you should remember to exercise your right to remain silent.
Do not discuss your case with anyone except your attorney. That includes cellmates, family members on recorded jail phones, and of course, police officers.
Initial Appearance and Bail
You will appear before a judge a short time after your arrest.
At this hearing, the judge will inform you of the charges, advise you of your rights, decide whether or not to set bail and appoint an attorney if you cannot afford one.
Bail ensures you return for future court appearances. The amount will vary based on the severity of the charges, your criminal history and risk of flight.
Pre-Trial Proceedings
This is where your attorney can truly shine.
Pre-trial includes reviewing all evidence, filing motions to suppress illegally obtained evidence, negotiating with the prosecutor and preparing your defense strategy.
The vast majority of criminal cases are resolved during this phase through plea agreements.
Protecting Your Rights During an Investigation
This is one of the most critical things many people overlook:
Your rights start before you are formally arrested. If you are under investigation, exercising your rights early can have a massive impact on your case.
Dealing with Police Questioning
Police may approach you for “voluntary” questioning.
You are under no obligation to answer any of their questions. Politely but firmly say: “I want to speak with my attorney before answering any questions.”
Then, and this is the most important part, you stop talking.
It’s that easy.
Your Digital Privacy
In the modern age, your phone and computer contain a wealth of personal information.
Law enforcement commonly seeks access to these devices during investigations. You have the right to refuse consent for these searches in the absence of a warrant.
If police seize your phone or computer, contact your attorney immediately.
Your Right to a Fair Trial
If your case goes all the way to trial, you have several important rights.
These include the right to a speedy and public trial, an impartial jury, confront your accusers, and the presumption of innocence until proven guilty.
These rights ensure the criminal justice system is as fair as possible.
But here’s the truth…
In the vast majority of cases, no trial takes place. Your case is instead resolved through negotiation with the prosecutor. That is why it is so important to have a skilled negotiator on your side.
Wrapping Up The Basics
Understanding your legal rights is not an option when facing criminal charges.
These rights exist to protect you and ensure fair treatment. But they only work if you know how to use them. Exercise your right to remain silent, get an attorney immediately, and never consent to a search.
Approximately 5.6 million Americans a year rely on the indigent defense system. Whether you qualify for a public defender or hire a private attorney, having legal representation is absolutely critical.
You should never try to navigate the criminal justice system alone. Your rights are powerful tools but only if you know how to properly use them and have an experienced attorney in your corner fighting for you.
