Know Your Rights – A Guide of Your Rights if Accused of a
Crime

Understanding your rights if you have been accused of a crime is an essential step in
protecting yourself during the legal process. This guide will outline your rights under the
Fourth, Fifth, and Sixth Amendments.

The Fourth Amendment: Unreasonable Search and Seizures

The Fourth Amendment says that an individual is protected against “unreasonable
searches and seizures.” This means that generally, law enforcement needs a search
warrant or sufficient probable cause to search you or your property.

What You Need to Know:

• Search Warrants: Review any warrant presented to you, as it should specify what
areas of your property may be searched and why the warrant was issued.

• Probable Cause: In some cases, officers can search you without a warrant if they
have probable cause or reasonable suspicion. Probable cause can include
visible contraband during a traffic stop, suspicious behavior, and visible
intoxication. Reasonable Suspicion exists if a law enforcement officer is
suspicious and concludes, based on his experience and articulable facts, that
you may be involved in criminal activity, and may be armed and dangerous.
Reasonable suspicion exists if….cite Terry standard (its something like “if the law
enforcement officer has articulable facts known to him at the time of the search
that indicates to him that criminal activity is a foot” but I’m not sure if that’s the
exact language.)

If asked by a law enforcement officer to search yourself or your property, you can say “I
do not consent to any searches,” to vocalize your right.

The Fifth Amendment: Self-Incrimination

The Fifth Amendment protects your right against self-incrimination. You may recognize
this in the Miranda Right, “You have the right to remain silent,” or the testimony
statement, “I plead the Fifth.” Under this amendment, you are not required to answer
any questions if you are subject to custodial interrogation or if you are being asked to
incriminate yourself in a testimonial setting, i.e., in court. The Fifth Amendment also
ensure your due process rights to ensure fair trials.

What You Need to Know:

• Remaining Silent: You don’t have to answer any questions that may incriminate
you. If you are asked any questions by law enforcement, you should simply
state, “I choose to remain silent,” and ask for an attorney.

• Due Process: The government must follow all established and fair procedure
before they can take away your life, freedom, or property.
If questioned by law enforcement, or arrested, always remember that anything you say
can be used against you in court, so consulting with an Attorney is essential.

The Sixth Amendment: Fair Trial and Legal Representation

The Sixth Amendment ensures your right to a fair trial. Over time, courts have
determined that a fair trial includes right to an attorney, a speedy trial, and the right to
confront a witness testifying against you.

What You Need to Know:

• Attorney: You have the right to legal representation when going through criminal
proceedings. Although you can retain your own lawyer, if you cannot afford one,
one will be appointed to you.

• Speedy Trial: While going through the legal process, you should not face undue
delays. A speedy trial is essential because it protects innocent people from
unfairly waiting for a chance to prove their innocence.

• Confronting Witnesses: You have the right to challenge the testimony of those
testifying against you. This can take place during trial, when an attorney calls a
witness for direct testimony or during cross-examination of a witness.

A general understanding of your rights can empower you to advocate for yourself if you
have been accused of a crime, helping to ensure a fair process.

LGR Law Group… We are Your Shield in the Fight for Justice.