What Are My Rights During a Criminal Investigation?

The starting point of all criminal investigations should be that you’re innocent until proven guilty, which is a basic principle of U.S. constitutional law. Unfortunately, everyone under investigation knows they’re being looked at as if it’s the other way around.

Do not let law enforcement treat you as if you’ve already been convicted. Start by asserting your right to hire Columbia, MO, criminal defense attorney Landon Miller.

Overview of Constitutional Criminal Rights Triggered During Missouri Investigations

The United States Constitution, as well as certain provisions in the Missouri Constitution, set forth your basic rights during criminal investigations and proceedings. They include the following:

Right to an Attorney

Both the Fifth and Sixth Amendments protect the accused’s right to retain a criminal defense lawyer. If you’re under investigation but haven’t been charged, you still have the right to refuse to answer police questions without an attorney present under the Fifth Amendment. You obtain the right to retain a free public defender under the Sixth Amendment only if you’ve been charged with a crime.

Right to Remain Silent

One of the most important rights you have is the right to remain silent. Though this is generally triggered during custodial interrogation, such as when you’ve been detained at the station, you can assert this right during investigations. However, just because police don’t have the right to an answer doesn’t mean they don’t have the right to ask questions. They may ask questions that you’re not obligated to answer. Continue to assert your right to remain silent until you speak with a dedicated Columbia criminal defense lawyer.

Right to Object to Unreasonable Searches and Seizures

The Fourth Amendment protects your right to be free from unreasonable and warrantless searches and seizures. Unless an exception applies, investigators can only enter your private space to search and take evidence with a judicially issued warrant based on probable cause. The same rules generally apply to arrest warrants. Suspicion isn’t enough. Investigators must show with evidence that you probably committed the alleged crime. If police violate the Fourth Amendment, an experienced attorney may get the evidence thrown away and the charges dismissed.

Understanding Your Miranda Rights

Once you’re brought into custody – generally after an arrest but before charges are filed – Missouri federal and state law enforcement officers must read you your Miranda Warnings. These must include the following:

• Right to remain silent
• Anything you say can and will be used against you in court
• Retain a private criminal defense lawyer
• Request a free public defender

These warnings restate the above constitutional rights, and if they are not read, understood, and waived, a Columbia defense lawyer might get the confession thrown out.

Constitutional Criminal Rights Attorney in Columbia, MO

You have the right to hire private defense counsel throughout the criminal investigation, even before prosecutors file charges. Contacting Columbia, MO, criminal defense lawyer Landon Miller immediately after learning about the investigation has the best chance of protecting you from serious charges. Call (573) 658-1919 or connect with his legal team online immediately if you’re under investigation in Missouri.