A criminal defense attorney from Kingsford Law Offices can explain a client’s rights to him or her. Being aware of this information before an arrest can be even better for a client to help prevent law enforcement from securing incriminating information to use against him or her. Some of the constitutional protections that a criminal defense attorney from Kingsford Law Offices will want clients to be aware of include:
Right to Be Free From Unreasonable Searches and Seizures
This right is spelled out in the Fourth Amendment. It means that law enforcement cannot simply barge into a home, look through personal contents or otherwise search a person without probable cause. In many cases, law enforcement requires a warrant in order to search a person or place or to arrest someone. The absence of a warrant, law enforcement may not have this right. However, there are certain times when law enforcement can make such a search or seizure, such as if the law enforcement officer personally sees illegal items or if he or she is given consent. Therefore, it is critical that a criminal suspect consults with a criminal defense attorney before giving law enforcement permission to do something that they otherwise would not have a right to do.
Right to Be Free from Self-Incrimination
Law enforcement officers are specially trained in extracting information from criminal suspects. They may make promises or state that they will put in a good word with prosecutors. Their tactics are sometimes so effective that false confessions are made. Defendants have the right to remain silent if arrested and the right not to testify against themselves in court as provided through the Fifth Amendment and their Miranda rights. When police bring someone in for questioning, they may already have preconceptions of the individual’s guilt and may use information provided by the suspect as evidence to ultimately charge him or her. Criminal suspects have the right to consult with an attorney and should do so to protect their rights and freedom.