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The main information about criminal rights and legal defenses

In this post we will talk about the main criminal rights of a person, from the rights when you are meeting with the police for the first time up to trial criminal rights. We will also discuss about legal defenses because these two legal spheres interact with each other.

The first time when you are stopped by the police officers, you have the fallowing rights:

  • To ask why you were stopped.
  • If you are under arrest or not.
  • If the police tell you that you are suspect, you may not answer to any question.

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If you are arrested, you have the fallowing basic criminal rights:

  • The right for an attorney. If you don`t have sufficient money for a personal lawyer, you have the right to receive free legal defense by the state. This is an important criminal rights of all people.
  • The right (maybe an obligation) to be silent.

These criminal rights are called Miranda rights. If the police do not announce these rights to the person before the interrogation or custody, any evidence cannot be used in the court.

Also, the Fourth Amendment of United States Constitution protect every person against the illegal arrest, illegal personal searches and on the property of that citizens.

After police, you have the right to Counsel, or you have the right of legal defenses – to be represented by a lawyer / attorney in all or in some judicial proceedings. Also, you have the right to have an attorney if you cannot afford it by yourself.

In the court you have the following criminal rights:

  • In the lower court you can defend without an attorney.
  • Even in a formal trial you have the right to have a jury trial.
  • To call any witness and to confront any witness.
  • You have the right to appeal that decision on a higher court if you do not agree with conviction.
  • No matter if you plead guilty or innocent, you have the right to know that you have the right to have a trial in a higher court in the case of appeal, to know all information about the penalty that you can get etc.

There are criminal rights that are guaranteed in all stages.  However, in some stages of criminal prosecution, the person may gain some rights, but lose others. All of these criminal rights are established by law.

In every stage of criminal prosecution, every defendant has the right to defense. If you are interesting in information about criminal procedure law, just here click.

A legal defenses is a person and a legal defenses an activity of an authorized person to do all legal requirements of a case which is judged by a court. A legal defense is the job of an attorney to protect the interests of the defendant.

Legal defenses are manifested in many forms, it occurs mainly by rejecting accusations, denying the arguments of the prosecutor and proving innocence of the client.

The most common legal defenses which may release the person from criminal liability are:

  • Insanity
  • Self-Defense and defense of others
  • Voluntary and involuntary intoxication
  • Automatism
  • Mistake of fact
  • Mistaken identity
  • Legal duty
  • Necessity to chose the lesser harm
  • Alibis
  • False accusations
  • Duress
  • Coerced Confessions
  • Mistaken Identity

In legal defenses advocates often invoke one of these reasons to prove innocence and to release the person.

Click here if you want to read some information about criminal justice system.

Well, this is the main information about criminal rights and legal defenses in USA and in general in common-law system.



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