One is considered to have committed a serious crime when they have committed an act that is prohibited by the government for being threatening or harmful to the safety of other people. However, according to the law, anyone who is arrested on criminal charges is supposed to be treated as innocent until they have been proven guilty. The aim of criminal procedure, therefore, is to review and adjudicate the claims on which a person was arrested. To run the criminal procedure in a legal manner, you will need to hire a Criminal Attorney Suffolk County. Visit website for more information.
Knowing your basic rights
The constitution has a principle known as rule of law. Under this law, the accused party is entitled to some undeniable rights. The criminal procedure puts the prosecution to the task of proving that the accused party (who is assumed innocent) is guilty of the crime in question. This is different from a case where the defendant is tasked with proving that they did not commit the crime. Before the procedure begins, the accused is assigned an attorney or allowed to hire one.
The arrest process
Criminal procedure states that a law enforcement officer cannot arrest you unless they have an arrest warrant from DA’s office. The only cases that are an exception to this scenario are when you are found at the scene of the crime. For instance, if an officer apprehends you when you are driving under the influence of alcohol or drugs, they will not need an arrest warrant. They are supposed to follow the following procedure:
They should make sure that they read the Miranda rights to you. Among other things, the rights state that you have the right to a Criminal Attorney Suffolk County and that you have the right to remain silent.
A police officer is not supposed to use excessive force while arresting you, especially when the person being arrested is not hostile. Force should only be used when the officer feels that their life or another person’s life is in danger.
In case any of your rights are violated during the arresting procedure, you can seek for justice. A Criminal Attorney Suffolk County will guide you through the process. Visit any Hirsch & Hirsch LLP office or go to Website URL to learn more about criminal law in NY.
