Do You Know Your Rights?
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you."
These are important rights that apply when police plan to take you into custody and question you about your knowledge of a crime. But your "Miranda rights" are only a few of your rights guaranteed under the United States Constitution.
In planning your defense, the Law Firm of David W. Foley investigates whether police and prosecutors respected all of your constitutional rights. Violation of these basic legal protections often provides the basis for challenging the criminal charges against you, or for appealing a conviction.
Your Constitutional Rights
- Right to an Attorney — You have the right to counsel of an attorney throughout legal proceedings, including police interrogation before you are formally charged with a crime.
- Right to Reasonable Bail or Bond — The court cannot set an excessive amount of bail to keep you in jail while awaiting trial.
- Right to a Jury Trial — You have the right to a speedy, public jury trial. (You also have the right to have your case decided by a judge instead.)
- Right Against Self-Incrimination — You have the right to remain silent and not incriminate yourself, in police questioning and at trial.
- Right to Produce Evidence — You have the right to present evidence and to have the court issue a subpoena to bring into court all evidence favorable to your case, at no cost to you.
- Right to Call Witnesses — You have the right to summon witnesses, by force of a subpoena if necessary, to testify in your defense. You also have the right to testify on your own behalf.
- Right to Confront Witnesses — Likewise, you have the right to confront and cross-examine all witnesses testifying against you.
- Right Against Unreasonable Search and Seizure — Police must have your permission or probable cause to search you or your property in a public place. A warrant to search your home and seize property as evidence must be specific about what police are seeking.
Attorney David W. Foley has handled hundreds of criminal cases as both a prosecutor and a defense attorney. His knowledge of constitutional law and experience in state and federal courts enables him to interpret the constitution and its amendments regarding criminal procedure, due process, right to counsel, Miranda issues, search and seizure protections, and grand jury proceedings.
Contact a Colorado Springs lawyer if you have been charged with any crime, to ensure your constitutional rights are not abused.
