You’re walking to your car after a late dinner, and suddenly, a police officer stops you. They start asking questions, and their tone is serious. Confused and nervous, you wonder, What should I say? What can they do? What are my rights? In situations like this, understanding your rights as a defendant in California can make all the difference in protecting your freedom and future.

Whether you’re facing accusations or want to be prepared before encountering the police, knowing your rights helps level the playing field in the criminal justice system. The attorneys at Comings Law offer this guide through these essential rights, ensuring you’re equipped to take on the complex California criminal justice system should the need arise.

Importance of Knowing Your Rights As a Defendant

Every individual accused of a crime in California is entitled to specific protections under the U.S. Constitution, the California Constitution, and the California Penal Code. These rights aren’t just legal jargon—they are your safeguards against injustice and abuse.

The Right to Remain Silent

When questioned by police, you don’t have to provide answers that might incriminate you. You have the right to remain silent, a critical protection under the Fifth Amendment and confirmed by the Supreme Court in Miranda v. Arizona. Using this right can protect you from accidentally incriminating yourself.

In California, law enforcement must inform you of this right before they conduct a custodial interrogation. If officers fail to inform you of this right to remain silent and question you, the court may deem your statements inadmissible.  

Even innocent statements can be misconstrued to fit a narrative of guilt, so it’s best to exercise this right and speak to your lawyer before answering questions. Your silence cannot be used as evidence against you. Therefore, when police begin questioning you while in custody, you may respectfully state that you are exercising your right to remain silent until speaking with your attorney. The officers may attempt to continue questioning you. Remain respectful but firm, and again, ask for your lawyer. If you succumb to pressure and answer questions, the officer can assume that you have waived your right to remain silent.

The Right to Know Criminal Charges Against You

When you’re accused of a crime, you have the right to know criminal charges against you without delay. Under the Sixth Amendment and California Constitution, you must be informed of the allegations through an arrest warrant or formal complaint.

If you’re arrested, ask calmly and directly, What am I being charged with? If the charges aren’t clear, your attorney can demand this information.

The Right to Legal Representation

Under both the Sixth Amendment and California law, you have the right to an attorney. A seasoned and skilled attorney can be the best protection you have against the strength of the government filing criminal charges against you.

Protection Against Unreasonable Search and Seizure

The Fourth Amendment and California Constitution Section 13 safeguard you from unlawful searches and seizures. Law enforcement must have probable cause and, in most cases, a valid search warrant before searching your personal property or space. They might ask you for consent to search if they don’t have probable cause, but it is wise to refuse to grant such consent.

For example, if officers search your home without a valid warrant and find incriminating evidence, that evidence might not hold up in court due to California’s exclusionary rule. However, there are exceptions to this warrant requirement, and your attorney can look at the facts and determine if there are grounds to get the evidence excluded.

The Right to a Fair Trial

California’s judicial system emphasizes impartiality, ensuring every defendant receives a fair trial. This right encompasses several protections, including:

  • The right to confront witnesses—you can cross-examine witnesses who testify against you;
  • The right to a jury trial—California defendants have the right to be tried by an impartial jury of their peers in criminal cases; and
  • The right to present evidence—you can introduce evidence supporting your defense under California law.

Your attorney can conduct a thorough investigation, challenge the prosecution’s evidence, and develop a robust defense tailored to your case.

Why These Rights Matter 

California’s legal landscape has unique features, from its laws on evidence admissibility to its sentencing guidelines. Knowing your rights as a criminal defendant ensures that you can challenge unfair practices and protect your liberty.

For example, California law allows defendants to seek a new trial if procedural errors or violations of their rights occur. With proper legal counsel, you can leverage these protections to strengthen your case.

Your Future Deserves the Best Defense. Let Us Stand with You.

Your rights as a defendant are more than just rules—they’re the backbone of your defense and your shield against injustice. At Comings Law, APC, we bring years of experience, unwavering dedication, and a client-centered approach to every case.

Whether you’re facing minor accusations or serious charges, our firm is dedicated to providing the personalized, strategic representation you deserve. Don’t leave your future to chance. Contact us today for a free consultation, and let’s build the strongest defense possible together.

Resources:

  • What Does the Fourth Amendment Mean? US Courts, link
  • Cal. Pen. Code section 1524, link
  • Cal. Pen. Code section 1181, link
  • The arraignment. California Courts, link
  • Fifth Amendment. Congress.gov, link
  • Constitutional Amendments – Amendment 6 – “The Rights of the Defendant. Ronald Reagan Presidential Library & Museum, link