What Are Your Rights When You Are Suspected of a Crime in North Carolina?
By KevinMarcilliat, In Criminal Defense, 0 CommentsAt the Marcilliat & Mills PLLC, our skilled Raleigh criminal defense attorneys and support staff know that when our clients are suspected of a crime in North Carolina, it may seem as though they have very few rights. Investigators, law enforcement, and even the prosecutor’s office treat suspects — even those who are fully innocent — as though they have no choice but to admit they are the people who are responsible for the crime in question.
Our Wake County criminal defense lawyers recommend that anyone who is being investigated for their involvement in a crime, or who is being questioned by the police, consider themselves a suspect. This means they should be very careful about what they do next.
No matter where you live or work in North Carolina, or the crime in question, you have rights that are protected by the U.S. Constitution. We are here to help you protect them.
What Should I Do If I am Being Investigated or Questioned for My Involvement in a Crime in North Carolina?
Everyone needs to understand — whether they are innocent and feel they have nothing to hide or not — if you are being investigated for a crime or are being questioned by the police, you could be charged with a crime you did not commit.
This typically happens when the police twist the accused’s words or interrogate them for hours on end until they are so confused about what is happening, they confess to something they did not do. While this may seem unlikely, the reality is, it happens all the time.
Instead, follow these steps to ensure your rights are protected:
- You Have the Right to Privacy.
The 4th Amendment to the U.S. Constitution protects you and your property from unreasonable searches and seizes. Unless the police have a search warrant, you have a right to refuse a search of your home, car, other property, or you.
- You Have the Right to Leave the Interview.
If you are not under arrest and have not been given your Miranda Rights under the 5th Amendment to the U.S. Constitution, you have the right to leave the interview — and you absolutely should. Keep in mind, it is okay to ask, “Am I under arrest?” If the answer is no, leave and immediately contact our skilled Raleigh criminal defense attorneys to ensure you do not end up back in the interrogation room without a lawyer by your side.
- You Have the Right to Remain Silent.
You have a right to remain silent and not incriminate yourself under the 5th Amendment. This is one of your most important rights and one you should fully invoke. Do not let investigators tempt you to defend yourself by making a statement. Do not say a word.
- You Have the Right to an Attorney.
Under the 6th Amendment to the U.S. Constitution, you have a right to an attorney. Immediately upon invoking your right to remain silent, contact our experienced criminal defense lawyers in Raleigh right away. Do not let the police manipulate you by saying, “only guilty people ask for an attorney.” Nothing is further from the truth. Intelligent people ask for their attorneys.
Contact our skilled criminal defense attorneys in Raleigh at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue the best outcome for your unique legal circumstances.