If you are facing drug charges in New York, you may feel hopeless as you are facing significant monetary fines and substantial time behind bars. However, it’s important to understand the steps you can take to protect yourself. Please continue reading to learn the rights afforded to criminal defendants in New York and how our seasoned Garden City, NY Drug Crime Attorneys can help you today.
Do I have Rights as a Criminal Defendant in New York?
As a Criminal Defendant in New York, you are afforded various protections under the United States Constitution. Perhaps the most essential protection provided to criminal defendants is the requirement that the prosecution prove guilty beyond a reasonable doubt. Nevertheless, defendants have other rights, too including the right to remain silent. The Fifth Amendment to the U.S. Consitution provides that a defendant cannot be compelled to be a witness against himself. Essentially, this means that you have the right not to answer questions to ensure you don’t incriminate yourself.
Another set of rights criminal defendants are afforded in New York falls under the Sixth Amendment. This guarantees your right to an impartial jury trial (with few exceptions, the right to a speedy trial, the right to legal counsel, the right to confront your accusers, and the right to know the charges that have been filed against you in the state. One of the most important rights this provides is the right to be represented by an attorney. If a criminal defendant cannot afford an attorney, the court will appoint an attorney at government expense. Public defenders often juggle numerous cases at a time. As such, you should enlist the help of a criminal defense attorney to help provide quality legal assistance.
Furthermore, it’s crucial to understand that all citizens are safeguarded from unlawful searches and seizures. Under the Fourth Amendment, the police must have reasonable suspicion that a crime has taken place to obtain a warrant, or your consent to enter and search your property. If they do not have probable cause, any evidence acquired through an unlawful search and seizure is inadmissible. A skilled criminal defense attorney can file a motion to suppress evidence, which can weaken the prosecution’s case against you and maximize your chances of reduced or dismissed charges.
Should I Consult an Attorney?
If you are a criminal defendant in New York and believe your rights have been violated, it’s in your best interest to contact an experienced attorney as soon as possible. A criminal defense attorney will help you take the appropriate action to ensure your rights are protected and you receive a fair trial. In addition, a criminal defense attorney will formulate a robust defense strategy on your behalf given the unique circumstances of your case.
At KCS Law, we are prepared to protect your Constitutional rights. If you are facing drug charges in New York, please don’t hesitate to contact our dedicated legal team who can help fight for the best possible outcome.
