When you have a court date, you’re nervous enough as it is. Now when you try and remember what your rights as a defendant are, it can feel even more stressful.
You have several rights to use to protect yourself from legal punishment. However, the opposing side may bank on you not realizing that you’re forgoing some or all of them in the process.
The Right to Remain Silent
While you know during the arrest that you might not want to say anything incriminating, many don’t know that they can exercise this right later as well. During the hearing, you don’t have to discuss anything that can get used to determine your guilt or innocence.
Pleading the fifth is a tactic that is not a “get out of jailfree” card, and in many situations, saying nothing makes you look guilty. Work with your legal defense team to know when and where you should discuss matters.
The Right to an Attorney
Any drama will tell you that among the rights as a defendant, retaining the most expensive lawyer likely has one foot out the door back into society. Then there is you, who has little to no resources.
If you can’t afford a legal defense, the court will pair you with a pro bono lawyer. While these attorneys don’t always have the best track record, it is better than going in without one.
Right to a Jury
Any potential conviction that carries with it a sentence of six months or fewer gives you the opportunity to stand before a jury. Jury members get selected from a random pool of residents, and they get screened with both sides, as well as the judge.
Together, these three parties try and weed out any strong potential bias, or those who will intentionally sabotage the decision. While you might not have control, it’s an essential step in the justice procedure.
Confront Witnesses
Under the “cross-examination” process, you have the opportunity to address those who are speaking out against your side. By questioning them, either yourself under self-representation or through your lawyer, you can better defend yourself directly.
Confronting witnesses in court differs from information given to police ahead of time. These are witness testimonies, which do perform differently in court.
