Protecting Your Constitutional Rights in the DFW Metroplex
One of the hallmarks of our democracy is a balance between the rights of those accused of crime and those who seek to enforce the laws. It’s built into the United States Constitution. Unfortunately, far too often, when you are merely suspected of a crime, you are treated as if you’ve already been convicted. Let’s take a closer look at the rights that should be granted to you, either upon detention or arrest, or if you have been formally charged with a crime.
What Rights Must You Be Afforded if You Are Arrested?
If you are detained or taken into custody by police officers, you must be advised of your “Miranda” rights. These warnings were first set forth in Miranda vs. Arizona, an opinion handed down by the U.S. Supreme Court. Based on the language of the 5th and 6th Amendments to the U.S. Constitution, the Miranda rights include both the right to refuse to talk to law enforcement officers and the right to have an attorney. As a part of the warning that must be given to anyone taken into custody, the arresting officer must specifically inform the defendant that:
- If he or she chooses to speak, anything said may be used in a court of law
- That if the defendant cannot afford to pay for legal counsel, an attorney will be provided at no cost
As a part of the Miranda warning, officers must also confirm that the defendant understands the rights granted under Miranda.
What Rights Do You Have If You Are Formally Charged with a Crime?
You may be arrested and detained for suspicion of criminal activity. If it is determined that there is sufficient evidence to charge you with a crime, you will also be entitled to additional rights under the Constitution:
- You have the right to a speedy trial—Law enforcement officers and prosecutors may not detain you or unnecessarily delay the trial to determine guilt or innocence. The trial must be held within a “reasonable” period of time.
- You have the right to a public trial—The proceedings must be open to the public—you cannot be tried behind closed doors.
- You have the right to a jury trial, with a jury made up of your peers—Prosecutors may not handpick a jury to facilitate a conviction
- You have the right know exactly what you have been accused of doing—You cannot be prosecuted on nonspecific charges
- You have the right to confront or cross-examine any witnesses against you—Any person who testifies against you must be subject to examination or cross-examination
- You have the right not to be prosecuted for the same offense more than once—this is commonly known as the “double jeopardy” clause.
- You have the right to refuse to answer questions or make statements that might be selfincriminating
- The right to counsel, as set forth in Miranda, also applies at trial
Contact the Aggressive Criminal Defense Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have more than 40 years of experience successfully protecting the constitutional rights of criminal defendants throughout Texas. We have a comprehensive knowledge of the criminal laws and procedures in Texas and know how to make certain law enforcement officers and prosecutors don’t violate your rights. To learn more about how we can protect your rights in any criminal matter, Contact us by e-mail or 844-402-2992 or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
