Your guilt or innocence is not determined by your demeanor at the time of your arrest and at the investigation. However, your behavior and the way you act, and everything that you say can be used against you.
Knowing your rights at the time of an arrest is essential. Knowing your rights while you are being investigated is also very important. Here at Haque Legal, our Southfield criminal defense lawyers make sure that you have the basic knowledge of how you can safeguard your rights before we get to where you are and do it for you.
In this article, let us talk about your rights when you become a person of interest.
When Does An Investigation Start?
It is not clear when an investigation starts. Generally, the answer to this question is when a crime has been committed, and the police or the investigators are looking for specific persons to connect to the crimes then that is the time that there is an investigation.
If the police have invited you for some questioning or they say that they have a couple of things that they need to clarify about the crime committed, that is the time that the investigation is probably geared towards you. We recommend that you get your lawyer on the phone and not discuss anything with the investigators without your lawyer present.
Keep in mind that you are under no obligation to go to the police station or discuss anything with the police or with anyone without the presence of your lawyer. On the other hand, any statement about who makes while being interviewed by the police and any answer that to give them can eventually lead back to you becoming a suspect.
Hence, it is important to get a lawyer on the phone as soon as you receive an invitation from the police.
What Happens If I Am Charged With A Crime?
If you become the prime suspect for a crime and you need legal assistance in facing charges filed by the police and the prosecutors, you are always given certain rights.
The Right To An Attorney
As we have already discussed, you have a right to be defended from the tribe you are being charged with. If you cannot afford a lawyer you should be given one by the State of Michigan. The lawyer should be on your side and acting for your defense.
The Right To A Jury Trial
You also have a right to a jury trial. Regardless of the crime, you are facing, you have a right to be judged by a jury of your peers. Keep in mind that you are innocent unless proven guilty. If you feel that a jury will be able to see that you are innocent and that you can fight for your rights, you should request a jury trial.
According to Rule 2.508 or the Jury Trial of Right, the following rights apply in a Michigan court:
“ The right of trial by jury as declared by the constitution must be preserved to the parties inviolate.
A party may demand a trial by jury of an issue as to which there is a right to trial by jury by filing a written demand for a jury trial within 28 days after the filing of the answer or a timely reply. The demand for a jury must be filed as a separate document. The jury fee provided by law must be paid at the time the demand is filed.”
Is the right to a jury trial an automatic right?
No, the right to a jury trial is not an automatic right in Michigan. You have to file a request for the right of trial by jury within the specific time frame provided by law.
If you failed to file your request for a jury trial of right, you are deemed to have waived such right. This can be found in the following provision: “A party who fails to file a demand or pay the jury fee as required by this rule waives trial by jury.” Rule 2.508 – Jury Trial of Right, Mich. Ct. R. 2.508
The Right To Confront or Question Witnesses
If the police would have a witness against you and the witness claims to have seen you commit the crime it is well within your right to confront or question that witness. Of course, this burden lies on your lawyer during the cross-examination.
The Right Against Self-Incrimination
The right against self-incrimination is very controversial. While we will create a different series to discuss this right let us just give you a background on how you can protect it.
If you recall you have a right to remain silent as one of your Miranda rights. This right is rooted in your right against self-incrimination. If you do not want to answer a question because you know that it would incriminate you as if you were the one who committed the crime you have a right not to answer the question.
Discerning whether the question will incriminate you is hard especially if you do not have any legal training. This is why you need to have a lawyer beside you during the investigation and most especially during the trial.
Let Haque Legal Help You With Your Arrest
Now that you know some facts about how you should deal with an arrest in Michigan, make sure that you remember them by heart. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you get arrested for any crime, such as a Southfield domestic violence charge, weapons charge, or drug charge, call our attorneys immediately. We need to make sure that you are not being deprived of your liberty on false charges or on something that could be prevented.
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