In the US, you have three choices:
Your Right to a Speedy Trial
What are the rights of the child that are most often violated?
The Fifth Amendment right to counsel was recognized as part of Miranda v. Arizona and refers to the right to counsel during a custodial interrogation; the Sixth Amendment ensures the right to effective assistance of counsel during the critical stages of a criminal prosecution.
The Sixth Amendment guarantees a criminal defendant the right to have an attorney defend him or her at trial. That right is not dependent on the defendant's ability to pay an attorney; if a defendant cannot afford a lawyer, the government is required to provide one.
The 4th Amendment protects you from unlawful searches. The 5th Amendment is the right to remain silent. The 6th Amendment is the right to counsel. So, when stopped, you simply say: βI will not consent to a search today.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Ninth Amendment Explained. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Sixth amendment right to an attorney has been interpreted to mean that a lawyer must be present at any adversarial, critical stage of a criminal prosecution. A critical stage includes any: Interrogation. Questioning.
This right assures that the person has a fair trial. If the police wish to interrogate someone, they are required to read a suspect their Miranda Rights. As part of the Miranda warning, the police must tell that person that they have the right to an attorney.
Although each case is different, an attorney will serve as a representative and legal translator. An attorney can, among other duties and services: Advise a person of their rights. Help formulate a defense strategy. Ensure that a person do not incriminate themselves.
If you are arrested, always ask for and insist on speaking to a criminal defense lawyer. It is your right to have one present. It would also be wise to remain silent until your lawyer arrives. If you can afford to pay for your own private attorney, or do not qualify financially for a public defender, you should start interviewing attorneys immediately.
Although each case is different, an attorney will serve as a representative and legal translator. An attorney can, among other duties and services: 1 Advise a person of their rights 2 Help formulate a defense strategy 3 Ensure that a person do not incriminate themselves 4 Speak with witnesses
If you are appointed a public defender, you generally donβt have a choice which attorney represents you. Although everyone has the right to be represented by the attorney of his or her choosing, the practicality of scheduling conflicts and number of public defenders available effectively limits this right.
Just as everyone has the right to an attorney, we all have the right to self-representation. However, due to the nature and seriousness of a criminal conviction and record, it is advised that a person facing prosecution retain an attorney. In some cases, the court may deny the right of self-representation if the judge deems ...