Defendant Rights / Your Rights If Arrested
At Jingozian Law Firm, our attorneys are dedicated to helping individuals who have been wrongfully arrested or imprisoned. If you or a loved one has been arrested, it is important to remember that people who are arrested have valuable legal rights. Federal and state laws are in place to ensure that all individuals are afforded due process under the law. If your legal rights have been violated, it may be grounds for dismissing the charges against you or it may weaken the prosecution’s case. Our Los Angeles criminal defense and probation violation lawyers serving Riverside and Orange County can help obtain a successful resolution to your case if you have been arrested. To schedule a free consultation, contact our criminal defense attorneys today.
Constitutional Rights
The Bill of Rights of the United States Constitution (as well as subsequent amendments) guarantees all citizens, residents, and visitors of America certain civil liberties. These rights are designed to limit the power of government and help ensure that a fair legal process in is place that holds all individuals in equal regard. If you or a loved one has had his or her constitutional rights violated, we can help.
The Fourth Amendment – Protects individuals against unlawful searches and seizure of property. In the event that evidence is collected illegally by law enforcement officials, we can help ensure that such material is not admissible in a court of law.
The Fifth Amendment – Guarantees all residents of the United States a fair trial, prohibits an individual from being tried twice for the same crime and provides individuals with the right to refuse any information that could lead to self-incrimination.
The Sixth Amendment – Provides all individuals tried for a crime in the United States the right to a speedy trial by a jury of peers, the right to be made aware of the charges against him or her, and to be made aware of the evidence against him or her.
The Eighth Amendment – Prohibits courts from setting excessive bail amounts, issuing excessive fines, and sentencing convicted individuals to cruel and unusual punishment, including those that are inflicted arbitrarily or are degrading to human dignity.
The Fourteenth Amendment – Requires states to give all individuals, regardless of their citizenship status, equal protection under the law, and prohibits a state from denying anyone from life, liberty, or property without due process of the law.
Our attorneys are committed to protecting individuals’ rights. If you or a loved one is seeking a qualified attorney to defend you against charges related to sex crimessex crimes, violent crimes, drug or white collar crimes any other legal infraction, you can count on our Los Angeles criminal defense and probation violation lawyers for help. Orange and Riverside County residents, and individuals living throughout Southern California, can turn to Jingozian Law Firm if they have been charged with a crime.
Miranda Rights
In the landmark 1966 case Miranda v. Arizona, the United States Supreme Court ruled that law enforcement officials must make suspects aware of their rights in the event of an arrest for a crime. If law enforcement officials arrest an individual for the possible commission of a crime but fail to “Mirandize” the suspect, any information that is obtained that could be used against the suspect may be deemed impermissible in a court of law. The following statements and questions must be given to suspects of a crime at the time of an arrest.
You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
If you or a loved one has been arrested, and believe that law enforcement officials acted unlawfully, we may be able to help. Were the Miranda rights read to you or your loved one? Were your Miranda rights violated? If so, contact our Los Angeles law firm today to schedule a free consultation.