Whether you are charged with a criminal offense or under investigation for a criminal offense, you have several constitutional rights which you can exercise at any time:


Whether criminally accused, or under investigation, you have the absolute right to remain silent and not incriminate yourself. USE IT! Never talk to the police. You are required to produce identification, if requested, and you must produce your driver's license, insurance, and proof of insurance if stopped for a traffic offense. However, you should never talk to the police. At trial, you have the absolute right to not testify and the jury will be instructed that they cannot hold this against you.




You have an absolute right to consult with an attorney during any stage of criminal proceedings and during any investigation. You should always request the assistance of an attorney. If you cannot afford to hire your own attorney, then the court will appoint an attorney to represent you in felony and serious misdemeanor cases.




NEVER give the police permission to search your residence, vehicle, or person. Often police are able to obtain incriminating evidence, which they would otherwise not be able to obtain, from a consent search. You have the absolute right to deny consent to search when requested. If the police legally obtain a search warrant then they can lawfully search. However, often the police lack sufficient evidence to obtain a search warrant and can only search if permission is granted. Never give consent to search.




If charged with a felony offense, or any DUI/DWI related offense, you have a right to a public and speedy jury trial. Some misdemeanor offenses are jury trial eligible (all DUI/DWI misdemeanor offenses, any theft related offense, any prostitution related offense). At trial, the accused is presumed innocent and the State has the burden of proof of proving guilt "beyond a reasonable doubt".




If being investigated for a criminal offense, you have the same right as the police to obtain favorable evidence. The police are not allowed to unreasonable interfere with your "fair chance" to obtain exculpatory evidence. If charged with a criminal offense, you have the right to conduct an independent investigation.




At trial, you have the right to confront and cross examine any witness against you. During the pre-trial investigation, you have the right to interview any witness. However, any "victim" has the right to decline a pre-trial interview. At trial, any "victim" is subject to cross examination. You have the right to view and inspect any physical evidence which is going to be used against you. If any "scientific evidence" is obtained you have the right to have it re-tested.




It is important that the jury that decides your case is free from any bias or prejudice. During the jury questioning process, you have the right explore any bias or prejudice. Any potential juror will be excused from jury service if, for any reason, they cannot be fair and impartial.




You have the right to present relevant favorable evidence and testimony on your behalf at trial. You also have the right to testify at trial. You have the right to subpoena any witness to testify on your behalf.




You have the right to hire your own attorney to thoroughly and professionally investigate your case and defend you against criminal charges.




If you are convicted of a criminal offense, or enter into a plea agreement, at the Judgment and Sentence Hearing you have the right to present any mitigation evidence or testimony.

You should always exercise the rights which you are guaranteed if being investigated for a criminal offense or if charged with a criminal offense. You should also consult with an experienced criminal defense attorney.