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When you get arrested for a crime you may believe that your life is over and you will automatically be found guilty and become incarcerated. While many individuals are found guilty of crimes every day, there are protections put in place to ensure those accused of crimes in the United States are not treated unfairly or charged without a reason. Learning about the rights afforded to you after getting arrested can help prevent you from being taken advantage of throughout the legal process. For more information and to obtain the help of an experienced attorney during your case, reach out to a Mercer County criminal defense lawyer today.
What Are My Rights After Getting Arrested in NJ?
When you are arrested and accused of a crime, both federal and state laws work to protect you from certain injustices. Below are some of the most relevant rights you have after being arrested in New Jersey.
- The right to be informed about your rights via the arresting officer reading you your Miranda rights
- The right to avoid self-incrimination by remaining silent and not being forced to testify against yourself
- The right to a phone call after being booked
- The right to know why you are being arrested and what the charges against you are
- The right to an attorney and legal representation
- The right to appear before a judge, generally within 48 hours of your arrest
- The right to avoid excessive bail and fines
- The right to a speedy and public trial by jury of your peers
- The right to confront witnesses against you and cross-examine them
- The right to due process of law, as in the government must treat you fairly as well as follow proper rules and procedures
- The right to avoid double jeopardy (being charged for the same offense more than once)
- The right to avoid cruel and unusual punishment
The above rights and more work in tandem to ensure that you are protected from unfair treatment.
What Laws Protect Me After My Arrest?
Both federal and state laws protect you and your rights after you are arrested. Your federally protected Constitutional rights are arguably the more important and effective of the two. The Fifth Amendment of the Constitution offers the right to remain silent, the right to avoid double jeopardy, and the right to due process of law.
The Sixth Amendment states that individuals have the right to a speedy and public trial by jury, the right to confront and cross-examine witnesses, the right to be informed of the nature of the charges against them, and the right to legal representation. Excessive bail, excessive fines, and cruel and unusual punishments are prohibited in the Eighth Amendment.
Other state and federal laws enforce the remaining and additional rights offered to you. These laws and rights are crucial in ensuring that you are treated fairly and have the chance to fight your charges. If you have been arrested do not hesitate to contact an experienced attorney at the Law Office of Douglas Herring today.
