INSIGHTS

Home > Insights > Legal Tips > What are Your Rights if You’ve Been Charged with a Crime?

What are Your Rights if You’ve Been Charged with a Crime?

by | Oct 27, 2023

Regardless of the crime with which you’ve been charged, it’s essential to understand that you have certain rights under the U.S. Constitution and the New York State Constitution. These rights are meant to protect against arbitrary treatment by the government and ensure you are afforded due process of law. Here are some of the most important rights you should be aware you have if you’ve been charged with a crime:

You Have the Right to an Attorney

Significantly, if you’ve been charged with a criminal offense, you have the right to be represented by counsel under both the U.S. Constitution and the New York State Constitution. This right attaches in New York upon one of three events: 1) you’ve requested counsel while in custody; 2) criminal prosecution has commenced; or 3) you’ve retained counsel in your case. It’s crucial to have an experienced criminal defense attorney on your side to achieve the best possible outcome. An attorney will evaluate the evidence against you, discuss potential defenses, represent you at court hearings, and negotiate a plea bargain or fight for your rights at trial.  

You Have the Right to Know the Charges Against You

As a criminal defendant, you have the right to be aware of the charges that have been brought against you. This is a critical protection afforded by the Sixth Amendment to ensure you are able to defend yourself — and you are given a fair trial.           

You Have the Right to Confront Any Witnesses Against You

The Confrontation Clause in the Sixth Amendment provides that a person who is accused of a crime has the right to confront the witnesses against them. This means you may confront and cross-examine civilian witnesses, the police, or an alleged victim. You also have the right to be in the room when they testify and have your defense attorney question them.  

You Have the Right to Not Testify Against Yourself 

If you’ve been charged with a crime, anything you say can be used against you. Importantly, everyone has the right to remain silent. Law enforcement and investigators cannot compel you to answer any questions against your will. Once you assert that you are invoking your right to remain silent, the police are not permitted to question you anymore. 

You Have the Right to a Speedy Trial

Under the Sixth Amendment, a criminal defendant has the right to a speedy trial. In addition, under New York Criminal Procedure Law Section 30.30, the prosecution must establish readiness for trial within a certain time frame after the criminal action has been commenced. Depending on the type of charges, the case may be dismissed if the prosecution is not ready to move forward to trial within the necessary time period.                                                                                      

You Have the Right to an Impartial Jury

For all Class A misdemeanors and felony cases in New York, a defendant has the right to a public trial by an impartial jury. However, you may give up this right and ask the judge to render a decision in your case. This is called a bench trial — it’s a good idea to discuss the best course of action and strategy in your case with an experienced criminal defense attorney.                         

Contact an Experienced New York Criminal Defense Attorney

If you have been accused of a crime, it’s vital to have a knowledgeable criminal defense attorney by your side who can advise you regarding your rights and fight the charges against you. The attorneys at D’Emilia Law offer skillful representation to those who are facing a wide array of criminal offenses and work to obtain the best possible results in their cases. To schedule a consultation, contact us at 1-888-DEMILIA.

Rights Crime
Assault Charges

Understanding Assault Charges in New York

Being charged with an assault in New York is a serious matter — and a conviction can have a wide range of consequences on your life and livelihood. From employment opportunities to finding housing, obtaining a professional license, and retaining your right to possess...
Weapons Crimes

Weapons Crimes in New York

New York has some of the strictest weapons laws in the nation. Critically, not only can being convicted of a weapon crime lead to a criminal record, but it can also result in the long-term ramifications that come with one — impacting both your daily life and...
DWI Attorney

Do You Need an Attorney for a DWI Charge?

If you’ve been charged with driving under the influence in New York, you may be wondering whether you should have the representation of an attorney. Critically, being charged with driving under the influence in New York can have a long-lasting impact on your life and...
DWI Felony

When is a DWI a Felony in New York?

A DWI can come with serious consequences, especially if you’re facing felony charges. While a first DWI is typically charged as a misdemeanor, there are certain situations in which an offense of driving under the influence can be a felony. For instance, if there are...
Drug Treatment Court

What is Drug Treatment Court — and is it an Option in My Case?

If you were arrested for a non-violent drug crime, you may be eligible for drug treatment court. This is a voluntary alternative to the regular court process that allows non-violent, drug-addicted offenders to enter into a treatment program, and potentially avoid...
DWI

Types of DWI Offenses in New York State 

Being charged with the offense of driving while intoxicated can be stressful and overwhelming. However, it’s important to understand that the consequences you may face can depend upon the facts and circumstances surrounding the DWI — and the specific offense with...
Ghost Gun

Understanding New York’s Ghost Gun Laws

New York has some of the toughest firearms laws in the nation. While strict penalties are imposed for possessing an unregistered firearm, legislation was enacted in 2022 that strengthened the state’s laws regarding ghost guns. These types of guns are those that do not...
Search Warrant

What is a Search Warrant? 

Most people are aware that the police are usually prohibited from searching a premises or person without a warrant under the Fourth Amendment of the U.S. Constitution. A search warrant is a court order issued for the purpose of authorizing law enforcement to conduct a...
Warrantless

Is a Warrantless Search Ever Permissible?

The Fourth Amendment to the U.S. Constitution protects individuals from unlawful searches and seizures by law enforcement. As a general rule, before police can search your person, home, or vehicle, they must have probable cause for the search — and obtain a valid...
New York DWI Cases

Can the Necessity Defense Be Used in DWI Cases in New York?

Driving under the influence is a very serious offense in New York that requires a skillful and strategic defense. Critically, one of the defenses that may be available to those who have been charged with the offense of driving under the influence is the “necessity...