Understanding Your Rights
Right to Remain Silent
If you have been accused of a crime and are being questioned by a law enforcement official, remember that the Fifth Amendment allows you the right to remain silent. While you may be tempted to verbally defend yourself, it is important to comply with the officer’s requests and simply tell them that you would like to speak with an attorney. Anything that you say can be used against you in a court of law so it is crucial that you speak with an attorney before making any statements to law enforcement officials.
Right to an Attorney
You have the right to speak with an attorney at any time, especially during any questioning that may be conducted by the police. Having a skilled attorney on your side is your greatest advantage when facing law enforcement officials and prosecutors. Without the guidance of a knowledgeable attorney you may say or do things that can be used against you during your trial.
Right to a Trial
Everyone has the right to be presumed innocent until proven guilty. Facing a criminal charge is not the same as being convicted of that crime. You are not required to plead guilty simply because you are facing a criminal charge. Prosecutors must prove beyond a reasonable doubt that you are guilty of the crime in order for a conviction to occur. Partnering with an experienced attorney will ensure that you receive the fair trial that you deserve.
If you are facing criminal charges, speaking with a talented criminal defense attorney is the first step in organizing an aggressive defense on your behalf. Contact the San Jose criminal defense lawyers of the Law Office of Daniel Jensen at (408) 296-4100 to discuss the best approach for your defense.