After getting arrested, both state and federal laws offer you a variety of rights and protections to ensure you are not treated unfairly or taken advantage of throughout the legal process. Work with a skilled Rockland County criminal & municipal attorney during your case for experienced representation and legal advice.
What Rights Am I Afforded After Getting Arrested?
Below are some of the most important rights you are entitled to after being arrested in New York.
- The right to remain silent: You have the right to avoid self-incrimination. This means that you do not have to answer any questions during an interrogation and cannot be compelled to testify against yourself.
- The right to a phone call: You have the right to make one or more phone calls after being booked within a reasonable time frame. New York law often allows up to three free local calls.
- The right to be informed of the charges against you: You have the right to understand the nature of the charges being brought against you. This information will come when you are brought before a judge, usually within 48 hours of your booking or arrest.
- The right to an attorney: All individuals have the right to be represented by legal counsel after being arrested and accused of a crime.
- The right to avoid excessive bail: A judge cannot set bail at an excessive amount based on the crime you are accused of and the circumstances of the situation. The amount that bail is set at must be in proportion to the severity of the offense and the flight or safety risk that you pose.
- The right to a speedy trial: You have the right to a speedy and public trial by a jury of your peers. This right ensures the indictment is filed within 30 days of the date of arrest and that the trial begins within 70 days of the date the indictment was filed.
- The right to confront the witnesses against you: You have the right to confront witnesses testifying against you in court face to face. This right allows you and your legal team to cross-examine these witnesses with your own line of questioning.
- The right to due process of law: This constitutional right guarantees that you will not be deprived of life, liberty, or property without due process. The government must give you notice of the charges and the right to respond before a decision is made by a neutral judge or jury. All proper procedures must be adhered to.
These rights are enforced by several Constitutional Amendments alongside both federal and state laws. The above list does not include rights afforded to you after a conviction but both federal and state laws offer additional protections. For more information on your rights and legal options during a criminal case, contact an attorney at the Law Office of Kevin T. Conway today.
