Know Your Rights

If you've been contacted by the police for questioning or have already been arrested, you need to know what your rights are and have an attorney with you to assert them at each and every stage of the criminal proceeding.

Many rights are protected and guaranteed by the United States Constitution and the Oregon Constitution. They include the following:

1. Right to be Free from Unlawful Searches and Seizures.

"Searches and seizures" generally refers to the State (police officers) stopping you on the street, pulling you over while driving in a car, arresting you or searching your home, car or person. You also have the right to refuse to consent to a warrantless search of your person or property, including among other things, your home and car.

2. Right to Remain Silent .

Believe it or not, you have the right to refuse to speak to the police and walk away unless you're under arrest or detained in most circumstances. Many people speak to the police without an attorney at their side and live to regret it. Don't be one of those people. Seek out the advice of an experienced criminal defense attorney prior to agreeing to meet with or speak to the police.

3. Right to be Informed of your Rights during "Custodial Questioning".

Also called your "Miranda" rights or warning. If you are being questioned while in police "custody," you have the right to be told what your rights are prior to answering any questions. This Right is by far the right that people are the most confused by. Contact an attorney to determine whether you were subjected to custodial interrogation and whether your rights were violated as a result of the police not giving your rights in a timely fashion.

4. Right to an Attorney.

You have the right to have an attorney at your side during all critical stages of a criminal proceeding. This includes any questioning done prior to being arrested or charged with a crime. If you can't afford an attorney, the Constitution guarantees that you have the right to have an attorney appointed by the court  to represent you after you've been charged with a crime. This means that if you are asked to speak with police prior to being charged, you will need to hire an experienced attorney to be by your side during questioning prior to the court appointing an attorney for you.

5. Right to Presumption of Innocence and Entry of Not Guilty Plea.

Each person charged with a crime has the right to plead not guilty and force the district attorney to prove the case against them beyond a reasonable doubt. If you assert your innocence, a jury deciding your case will be instructed by the judge they are to presume you innocent unless and until the district attorney proves your guilt beyond a reasonable doubt.

6. Right to Know What Evidence is Being Used Against You.

You have the right to review and analyze the evidence being used against you by the police and district attorney. This includes the right to copies of all witness statements, police reports, lab reports and review of other physical evidence collected in your case.

7. Right to a Fair and Impartial Jury Trial.

If you choose to plead not guilty and proceed to trial, you have the right to demand your case be heard by a six or twelve person jury or decided by a judge.

8. Right to Confront and Cross examine Witnesses Against You.

One of the biggest benefits of having an attorney by your side is the attorney's experience and knowledge in analyzing and testing evidence presented in a criminal case. Without that knowledge and experience, you may not know what questions to ask or what evidence to object to. Having and experienced attorney by your side could be the difference in key evidence being excluded because it doesn't comply with the Rules of Evidence, or being allowed in and damaging your case.

9. Right to Subpoena Witnesses and Evidence.

While the district attorney has the obligation to prove your guilt beyond a reasonable doubt, you have the right to present your own evidence to support your innocence. If there are people or documents which will help support your case, an experienced attorney can use the subpoena power of the court to compel the record keeper or witness's attendance at your trial.

10. Right to Remain Silent at Trial or Testify on Your Own Behalf.

After consulting your attorney, you have the right to decide whether you will testify on your own behalf at trial. For many clients, testifying on your own behalf is absolutely necessary in order to defend your case. For others, it might not be as advisable to do so. Only with the advice of an attorney will you know when it's appropriate to testify or remain silent. If you choose not to testify, you also have the right to have the judge instruct the jury that they may not make assumptions about your guilt based on the sole fact that you choose not to testify.