Anyone charged with a crime would be well advised to exercise his or her right to legal representation. Throughout the complicated legal process there are many instances when the alleged offender’s rights could be violated. Without the right representation, the defendant may not even realize that his or her rights have been violated.
It is the legal obligation of the authorities to notify suspects of their rights. A suspect, for example, has the right to remain silent and not answer questions. He or she also has the right to retain the services of a defense attorney. Information obtained from suspects who have not been read their rights cannot legally be used in a court of law.
Police officers may seek an admission of guilt from a suspect before an attorney arrives. This is typically done through an interrogation while the alleged offender is still in custody. It is important to remember that all individuals have the right to not answer these questions without first discussing their case with an attorney. In addition to the right to remain silent and to have a competent attorney, defendants also have the right to a fair trial and the right to be presumed innocent until proven guilty.
An experienced criminal defense attorney will examine not only the alleged crime but also the actions of the authorities to determine whether the failure to advise of rights was committed. When an officer fails to notify the suspect of his or her rights or gathers evidence improperly, a skilled attorney will fight to have the case dismissed.
The experienced criminal defense attorneys in Orange County at Sitkoff & Hanrahan protect the rights of southern California residents. If you are ever arrested, do not discuss your case with the authorities unless you have a skilled attorney by your side. If you or a loved one in facing criminal charges in Los Angeles, Orange or Ventura County, call 866-430-8383 today to discuss your options.