Your Rights As The Accused
Facing criminal charges involving driving under the influence (DUI) or domestic violence can be one of the most stressful and overwhelming experiences of your life. Whether you're under investigation, recently arrested, or already facing formal charges, it’s critical to understand that you have legal rights under both the U.S. Constitution and the California state constitution. These rights are designed to protect you and ensure fair treatment throughout the legal process.
As a California criminal defense attorney, I believe that understanding your rights is the first step toward protecting yourself. Here are some of the most important rights a criminal defendant in California should know:
The Right to Remain Silent
You have the right to remain silent and not incriminate yourself. This right stems from the Fifth Amendment to the U.S. Constitution. If you are detained, arrested, or being questioned by law enforcement, you are not required to answer any questions. Anything you say can be used against you in court, so it’s often wise to invoke your right to remain silent until you’ve consulted with an attorney.
The Right to an Attorney
Under both the U.S. and California Constitutions, you have the right to legal representation at all critical stages of criminal proceedings. If you cannot afford an attorney, the court may appoint a public defender to represent you at no cost - public defenders are licensed attorneys in California and many are highly-skilled, compassionate, and uniquely familiar with local court practices. You also have the right to speak with an attorney before police questioning begins, and to have an attorney present during any questioning.
Tip: Never waive your right to counsel without carefully considering the consequences. Having an attorney early on can make a significant difference in the outcome of your case.
The Right to Be Informed of the Charges Against You
You have the right to know what criminal charges you are facing. This includes being formally charged in a language you can understand and receiving a copy of the complaint or indictment that details the accusations.
The Right to a Speedy and Public Trial
You have the right to a trial without unreasonable delay. In California, misdemeanor defendants generally have the right to a trial within 30 to 45 days, depending on whether they are in custody. Felony cases typically go to trial within 60 days of the arraignment on the Information unless the defendant waives this right.
Your trial must also be public, meaning it is open to the public and press — another layer of protection against unjust proceedings. Only in very limited circumstances may the courtroom be closed to the public.
The Right to a Jury Trial
In most criminal cases in California, you have the right to be tried by a jury of your peers. This jury must unanimously agree on a verdict to convict you. You can also waive this right and choose to have your case heard by a judge (a “bench trial”), but this decision should only be made with your attorney’s guidance.
The Right to Confront Witnesses
You have the right to confront and cross-examine all witnesses testifying against you. This is a fundamental aspect of a fair trial. Your attorney can challenge the credibility of these witnesses and expose inconsistencies or falsehoods in their testimony.
The Right to Present a Defense
You have the right to present evidence and call witnesses in your defense. This includes the right to subpoena witnesses and introduce relevant documents or expert testimony. Your defense attorney plays a vital role in building and presenting a strong case on your behalf.
Protection from Unreasonable Searches and Seizures
The Fourth Amendment protects you from unlawful searches of your property or person. Law enforcement generally must have a warrant or probable cause to conduct a search. If your rights were violated during a search or arrest, your attorney can move to suppress any evidence obtained unlawfully.
Final Thoughts
Every criminal case is unique, and how your rights apply will depend on facts specific to your situation. That’s why it’s so important to consult with a qualified and experienced California criminal defense attorney like Davis W. Hewitt as early as possible. The right attorney can ensure that your rights are protected at every stage, from arrest to trial — they can also work toward the best possible outcome for your case.
If you or a loved one has been arrested or is facing criminal charges, don’t wait. Contact the Davis W. Hewitt Law Office today for a confidential consultation.
