RESOURCE
The United States
Constitution bestows certain undeniable rights upon criminal
defendants. One of the most notable of these rights is enumerated in
the Fourth Amendment:
THE RIGHTS OF PEOPLE TO BE SECURED
IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST ANY
UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED, AND NO
WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR
AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE
SEARCHED,AND THE PERSONS OR THINGS TO BE SEIZED.
U.S.
Constitution, Amendment IV.
Generally, in any serious criminal
case, the criminal court process begins with an
arrest. Following the arrest, the defendant is interviewed,
processed and either released or submitted for a bail hearing.
In most custodial situations, and
prior or simultaneous with arrest, a criminal defendant is entitled
to be administered the Miranda Rights, which state that:
...a person in custody
must, prior to interrogation, be clearly informed that he has the
right to remain silent and that anything he says will be used
against him in court; he must be clearly informed that he has the
right to consult with an attorney and to have that attorney present
during interrogation, and that, if he is indigent, an attorney will
be provided at no cost to represent him.
Following arrest, statements made
at any time by criminal defendants to law enforcement officers may
be used against those defendants in a court of law. This does not
apply if you volunteer information without being questioned by the
police. Thus, criminal defendants should invoke their right to be
silent and their right to retain a lawyer or have their lawyer
present, at the outset.
After proceeding, defendants are
released, pending presentment or arraignment, and the charges are
formally presented. Thereafter, the matter is either set for status
or preliminary hearing (in more complex criminal cases) or trial (in
less serious charges).
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