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Defendants' Rights

You’ve probably heard the spiel on a late-night procedural cop show: you have the right to remain silent! Anything you say can and will be used against you. 


It’s also probably what you think of when you think of a defendant’s rights. But there are actually a multitude of rights promised at both the state and federal levels. That’s why it’s vital to employ an experienced defense attorney like Hanlon Law in Kissimmee, to ensure your rights are respected at every step in the criminal process. 


What are Defendants' Rights?


There are multiple places in both State and Federal legislatures that describe the specific rights owed to all defendants. 


The Fourth Amendment – Right to Reasonable Search and Seizure


The fourth amendment states that no police officers or other law enforcement agents can search your person or property, confiscate your personal belongings, or place you under arrest without either a warrant or probable cause. Furthermore, they cannot obtain a warrant without probable cause. 


This amendment protects you, your property, and your belongings from any abuses of power and preserves the right to privacy ingrained in our society. It’s important to keep these rights in mind, as any evidence obtained during a search and seizure is only admissible in court if the search and seizure were committed legally, with clear probable cause. 


“Probable cause” might sound like something easy to fake, but all law enforcement officers are aware that they must be able to show their probable cause if they want any evidence they find during a search and/or seizure to be admissible in court. If they cannot show that there was legitimate, reasonable cause for them to execute the search and seizure, any evidence obtained will be thrown out and cannot be used against you.


The Fifth Amendment – Right to Remain Silent


You’ve probably heard the phrase “I plead the fifth!” This pronouncement, while sensationalized in the media, refers to the fifth amendment to the United States constitution, which grants every citizen the right to remain silent rather than say something that might incriminate themselves. 


It’s important to note that this right only applies to criminal cases. In civil court, you can be called to testify in your own defense, or to testify to the benefit of the prosecution. Civil court handles cases of a person against another person – think divorce court and small-scale lawsuits.


The Sixth Amendment – Right to Trial by Jury 


The sixth amendment describes the basics of today’s criminal procedure. It dictates that you have the right to know what specifically you are being accused of or charged with, and that you are entitled to legal representation. It also guarantees you the right to a fair trial, where you will be judged by a jury of your peers.


Miranda Rights


Miranda Rights are, essentially, the same as the fifth and sixth amendment rights. However, Miranda law dictates that these rights apply and you must be verbally informed of these rights if you are both in custody and under interrogation. 


That’s why police officers are generally required to Mirandize (recite your Miranda rights) when they place you under arrest. As they are taking you into custody, any questions posed to you from that point on will likely be deemed “interrogation,” and your Miranda rights apply. 


Marsy’s Law


One important law to keep in mind when considering a defendant's rights is Marsy’s Law. The Marsy’s Law Crime Victim’s Rights Amendment was approved by Florida voters in 2018. Basically, this law defines certain rights for the alleged victim in any criminal case: the right to restitution, reasonable protection, and the right to refuse depositions and discovery requests. These rights also extend to the alleged victim’s family members.


While it might seem reasonable to offer such rights to the victim of a crime, Marsy’s law does pit the defendant’s rights and the alleged victim’s rights against each other. For example, for the purposes of reasonable protection, the victim may demand that the defendant not be allowed to “bail out” of jail prior to their trial. However, the defendant’s rights to life, liberty, and property demand that they be offered the opportunity to post bail except for certain circumstances defined by Florida law. 


So who wins in such a situation? Unfortunately, there’s no clear-cut answer, and the decision often comes down to the presiding judge’s discretion. For vague situations like this, it’s vital to have an experienced defense attorney to advocate on your behalf and ensure your constitutional rights are honored. 


What Happens if Defendants' Rights Are Violated?


If, at any point during the criminal process, your constitutional rights are violated, your entire case may be invalidated. For example, if the most damning piece of evidence against you was obtained during an illegal search and seizure, the prosecution might not be able to build a reasonable case against you. Other rights violations may entitle you to a retrial or appeal, or other post-conviction relief. 


Kissimmee Criminal Defense Lawyers 


To ensure that your rights are honored from the moment you are under suspicion, it’s vital to secure experienced legal counsel as soon as possible. At Hanlon Law, our legal team has nearly twenty years of experience in the defense business. We’ll advocate aggressively on your behalf, and take advantage of every opportunity to fight for your rights. 


Don’t let anyone take advantage of you. Contact Hanlon Law today to schedule a free consultation.

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