If you've been questioned by the police or have already been arrested, you need to understand your rights and work with an attorney to assert them at each and every stage of the criminal proceeding. Your freedom and your future are too important for you not to have an experienced lawyer on your side.
Portland Criminal Defense Attorney
I am attorney Shelley L. Fuller, and I am committed to helping you understand your legal rights and provide you with honest, ethical and determined criminal defense legal services.
The Heart and the Legal Muscle to Make a Difference. Call 503-626-1808 or E-mail the firm.
Under the United States Constitution and the Oregon Constitution you have rights that include:
- Right to be Free From Unlawful Searches and Seizures.
"Searches and seizures" refer to police officers stopping you on the street, pulling you over in a car or arresting you or searching your home, car or person. You have the right to refuse to consent to a warrantless search of your person or property, including your home and car and you have the right to walk away unless you are under arrest. Evidence found to be illegally obtained may be thrown out by a court.
- Right to Remain Silent.
You have the legal right to refuse to speak to the police. Many people speak to the police without an attorney at their side and live to regret it. Seek out the advice of an experienced criminal defense attorney prior to agreeing to meet with or speak to the police.
- Right to be Informed of Your Rights During "Custodial Questioning."
Also called your "Miranda" rights, 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. Talk to one of our experienced Portland lawyers to learn whether you were subjected to a custodial interrogation and whether your rights were violated as a result of the police not giving your rights in a timely fashion.
- 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 an attorney appointed by the court to represent you after you've been charged with a crime. It's important however to obtain the services of an attorney way before you are actually charged!
- 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.
- 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. Your attorney's experience and knowledge in analyzing and testing evidence in a criminal or DUI/DWI case can play a significant role in your case's outcome.
- 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 that your case be heard by a six or twelve-person jury or decided by a judge.
- Right to Confront and Cross Examine Witnesses Against You.
You have a right to know the identity of your accuser and your lawyer must be allowed to thoroughly question any witnesses who testify at your trial.
- Right to Subpoena Witnesses and Evidence.
You have the right to present evidence to support your innocence. An experienced attorney can use the subpoena power of the court to compel a record keeper or a witness's attendance at your trial.
- Right to Remain Silent at Trial or to 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 some clients, their side of the story is absolutely necessary in order to mount a proper defense. For others, it might not be as advisable to do so.
Intelligent, Resourceful and Skilled Legal Counsel: 503-626-1808 or E-mail.
Meet an attorney in a consultation and discuss your case, learn about your rights and find out how we can help you today