Your rights when charged with a crime are not abstract concepts; they are specific laws that dictate specific steps and actions in the United States and Missouri criminal process. A skilled criminal defense lawyer can help you understand these rights and how to use them to reach the most favorable outcome possible in your case.
Your criminal defense lawyer is there to ensure that you fully understand your rights and to make sure these rights are upheld at every stage of your case. By knowing and exercising these rights, you empower yourself to make informed decisions that can significantly affect the outcome of your case. This chapter will explore your fundamental legal rights, how they can apply to your specific situation, and how your defense lawyer will protect and advocate for these rights to safeguard your future.
Your Rights in a Criminal Case in Missouri
The Right to Due Process
Many of the following rights are based on the right to due process, which is a fundamental protection under the Fourteenth Amendment, ensuring that you are treated fairly and justly throughout the legal process. This right guarantees that the government cannot deprive you of life, liberty, or property without following proper legal procedures.
You are entitled to fair and transparent procedures at every stage of the legal process, from arrest to trial. While in some cases the state may hold you on bail (or in extreme cases without bail) after charges are brought, the government must provide a fair trial before any significant penalties or restrictions on your freedom can be imposed, such as a prison term or fines. Due process applies at every step, ensuring that your rights are respected from the moment you are charged until the final verdict. Your lawyer will work to ensure that your case is handled with the fairness and justice that the law demands.
The Right to Be Informed of Your Rights (Miranda Rights)
Upon arrest you have the right to be informed of your rights, commonly known as Miranda Rights. As you’ve likely seen on Cops, Law & Order, and other shows, these include the right to remain silent and the right to an attorney. This helps prevent you from self-incrimination and, from the state’s perspective, takes away an avenue where you could possibly seek a dismissal or appeal a trial verdict.
If you were not read your Miranda Rights, your criminal defense attorney can argue that any statements made during the interrogation should be excluded from evidence, as your rights were not properly communicated and you (likey) did not have an attorney to represent you.
The Right to Remain Silent
The right to remain silent is one of your most powerful protections under the Fifth Amendment.
Why It’s Important:
- Anything you say can be used against you in court.
- By remaining silent, your lawyer can manage what information is shared and when.
How to Exercise This Right:
- Clearly state, “I choose to remain silent and would like to speak with my attorney.” If you don’t express your right to remain silent, the state can use that silence against you in court (see: Salinas v. Texas).
- Remain calm and avoid answering questions until your lawyer is present.
The Right to an Attorney
The Sixth Amendment guarantees your right to an attorney, which ensures your criminal defense is not weakened by your lack of understanding of a complex system and series of laws.
Why It’s Important:
- Your lawyer knows the law and can build a strong defense tailored to your case.
- An attorney prevents law enforcement from using coercive tactics against you during questioning.
Request an attorney right away, before answering any questions. If you’re being questioned, firmly state, “I want to speak with my attorney.” If you ask for an attorney during an interrogation, law enforcement must cease questioning until an attorney is present to represent you.
By invoking this right, you ensure that you have a knowledgeable advocate by your side actively working towards the best possible resolution for you in your case.
The Right to be Presumed Innocent
The right to be presumed innocent is a cornerstone of the American legal system. This principle ensures that you are considered innocent until proven guilty beyond a reasonable doubt by the prosecution. This standard places the burden of proof on the prosecution, protecting you from wrongful conviction.
You are not required to prove your innocence; rather, the prosecution must prove your guilt. The prosecution must provide convincing evidence that establishes guilt beyond a reasonable doubt. This right is upheld from the moment charges are brought against you until the final verdict is delivered. Meaning, even if you have no evidence of your innocence and call no witnesses, your criminal defense attorney can still win your case by arguing the state’s argument isn’t strong enough.
The Right to Reasonable Bail
Under the Missouri Constitution Article I §20:
That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.
Meaning, you have a right to reasonable bail to ensure that, if you are arrested, you have the opportunity to be released from custody while awaiting trial. Bail allows you to continue your life with minimal disruption, except in specific circumstances:
- Capital offense, or crimes for which a possible sentence is the death penalty
- If you’re deemed a public safety risk, if the alleged crime or your criminal history is particularly violent
- If you’re deemed a flight risk, possibly because of lack of ties to the community or previous instances of failing to appear in court
- Repeat offenders or those with multiple charges pending
- Serious felonies, especially those involving the use of weapons, sexual assault, or significant bodily harm
- If you’ve violated previous bail conditions
While there will be stipulations attached to your bail, such as having to appear at all of your court hearings, bail allows you to hold onto your employment, housing, relationships, and most of your freedoms while you’re awaiting trial. Your attorney can argue on your behalf that the exceptions don’t apply to you, and can also argue for a lower bail amount if circumstances warrant it.
Protection from Unlawful Searches and Seizures
The Fourth Amendment protects you from unlawful searches and seizures, ensuring that law enforcement cannot invade your privacy without proper legal justification. This right is crucial in preventing the government from overstepping its bounds and infringing on your personal freedoms. Law enforcement must obtain a warrant or have probable cause to conduct a search, and evidence obtained through unlawful searches can be excluded from trial.
- Warrants: Under the Missouri Constitution Article I §15, in order to receive a warrant from a judge, law enforcement must describe the place they want to search, the electronic data or communication they want to access, or the person or thing they are looking for.
- Probable Cause: There is no specific Missouri or federal definition of “probable cause.” In Illinois v. Gates, the U.S. Supreme Court wrote that probable cause is a “fluid concept” based on the “totality of circumstances.” Generally, if police want to search you, your vehicle, or your home without a warrant, they must demonstrate that a “reasonable and prudent” person would think that a crime is currently happening or someone is in danger. Because the definition is fluid, an aggressive criminal defense lawyer may be able to argue in court to have any evidence taken without a warrant dismissed.
The Right to a Fair Trial
The right to a fair trial is a cornerstone of the American justice system, ensuring that you are judged impartially and based solely on the evidence presented in court. This right guarantees that you are treated justly and that the legal process is transparent and equitable. Key elements of a fair trial:
- Your case is heard by an unbiased jury that represents a cross-section of the community.
- You are given a fair opportunity to present your defense, confront witnesses, and challenge the prosecution’s evidence.
- Ensures that only legally obtained, relevant evidence is used against you.
Understanding and exercising your legal rights is fundamental to protecting yourself when facing criminal charges. Your criminal defense lawyer is your advocate, guiding you through these rights and ensuring they are fully upheld throughout the legal process. By working closely with your lawyer, you not only protect your immediate interests but also safeguard your future.
