Your Rights During a Criminal Investigation
Being the subject of a criminal investigation can be a daunting experience. If the police are questioning you about your whereabouts or actions in association with a particular crime, you are likely feeling scared, overwhelmed, and confused. You may be unsure of what to do or how to conduct yourself during the investigation. It is crucial to know that you have several Constitutional rights during a criminal investigation. Knowing your rights as the subject of a criminal investigation can help you navigate interactions with law enforcement more effectively and ensure fair treatment. Understanding your Constitutional rights can help you confidently handle the investigation process and uphold your legal protections.
If you are the subject of a criminal investigation, below are some of your Constitutional rights;
- Right To Remain Silent
One of your most vital rights during a criminal investigation is the right to remain silent. This right is outlined in the Fifth Amendment to the U.S. Constitution and is meant to protect you from self-incrimination. Under the Fifth Amendment, you cannot be forced to answer police questions. If answering police questions could lead to self-incrimination, you have the right to choose not to answer the questions. However, you must clearly invoke your right to remain silent to be protected. For instance, you can say, “I choose to exercise my right to remain silent,” or “I plead the fifth.”
- Right to an Attorney
Another crucial right you have under the U.S. Constitution during a criminal investigation, specifically under the Sixth Amendment, is the right to an attorney. You have the right to consult a criminal defense attorney before speaking to the police and to have an attorney present during any interrogation. It is best to consult an attorney immediately after you find out you are being investigated and refrain from speaking to the police without an attorney present.
- Right To Be Free From Unreasonable Searches and Seizures
The Fourth Amendment protects you from unreasonable searches and seizures. Generally, the police need a warrant to search your property. However, certain exceptions exist. For example, the police can conduct a warrantless search if they have probable cause, if the evidence is in plain sight, or if you consent to the search. If the police conduct an illegal warrantless search, any evidence obtained may be inadmissible in court.
- Right To Due Process
If you are facing a criminal investigation, you have the right to due process. This means law enforcement must do things according to established rules and principles. It means that you must be treated fairly throughout the investigation. For example, law enforcement must inform you of the accusations you are facing and allow you to respond to the allegations.
What To Do if Your Rights Are Violated During a Criminal Investigation
If any of your rights are violated during a criminal investigation, document the incident as thoroughly as possible and contact a defense attorney immediately. A skilled attorney can help you address the violation. For example, they can help you have illegally obtained evidence excluded from court. Depending on the violation, an attorney can help get any charges filed against you dismissed.
Contact an NYC Criminal Attorney
If you are under investigation, you need to speak to a criminal defense attorney as soon as possible. Contact our qualified NYC criminal attorney, Mark I. Cohen, to schedule a consultation.
