Know Your Legal Rights: Criminal Investigations in Northern Michigan

Facing a criminal investigation can be a daunting experience. Whether you are the target of an investigation or a witness, it is crucial to understand your legal rights to protect yourself and ensure a fair process. In Northern Michigan, individuals have certain rights guaranteed by the United States Constitution and state law.

This guide will outline your rights during a criminal investigation in Northern Michigan and provide tips on how to navigate the criminal investigations process effectively.

Right to Remain Silent

One of the most important rights you have during a criminal investigation is the right to remain silent. You are not obligated to answer any questions from law enforcement, and anything you say can be used against you in court. At True North Legal Group, we always tell clients to exercise this right and refrain from speaking to investigators without a lawyer present.

During a criminal investigation, police officers or criminal investigators may try and get you to waive your right to remain silent. They may present you with your Miranda rights and request a statement from you.

In the heat of the moment, it is easy to think that you can “talk your way out” of a criminal charge or investigation. But the real problem is that you may not know everything they are investigating and all the evidence the police may have. The police may try to “trap you” into discussing certain events. In fact, the police are even allowed to lie to you to get a confession.

Remaining silent is the best way to ensure that you do not give the police information that they wouldn’t have otherwise. Exercising your right to remain silent also ensures that your words will not be used against you in a criminal trial.

Right to Refuse a Search

You have the right to refuse a search of your person, property, or vehicle without a warrant. If law enforcement asks to search you or your belongings, you can politely refuse and request that they obtain a warrant. However, if they have probable cause to believe a crime has been committed, they may conduct a search without a warrant.

Right to Due Process

You have the right to due process under the law, which includes the right to a fair and impartial trial. This means that you are innocent until proven guilty, and the burden of proof lies with the prosecution. You also have the right to confront witnesses against you and present evidence in your defense.

Right to Know the Charges Against You

If you are arrested, you have the right to know the charges against you. The police must inform you of the charges at the time of your arrest, and you have the right to remain silent and request an attorney.

Right to Bail

In most cases, you have the right to bail pending trial. Bail is a monetary amount set by the court to ensure that you will appear for trial. If you cannot afford bail, you may request a bail hearing to have the amount reduced or be released on your own recognizance.

Right to a Speedy Trial

You have the right to a speedy trial under the Sixth Amendment of the U.S. Constitution. This means that your trial must be held within a reasonable amount of time after your arrest. If there are delays in your trial, you may request a speedy trial hearing to expedite the process.

Right to an Attorney

Finally, you have the right to an attorney during a criminal investigation. If you cannot afford an attorney, one will be appointed to represent you. Having an attorney present during questioning can help protect your rights and ensure that you do not inadvertently incriminate yourself.

Not only do you want a capable attorney to help you during a criminal investigation, you want someone with experience handling cases like yours. You want someone who has built relationships with local prosecutors and can help get you a good outcome in the case. And you want someone who knows how the police build investigations, because sometimes, a good attorney can stop a criminal case before it even starts.

The team at True North Legal Group is experienced in criminal defense cases in Northern Michigan and is ready to help you exercise your legal rights.

Maximizing Your Chances of Success in a Criminal Investigation

While facing a criminal investigation in Traverse City and Northern Michigan can be stressful, there are steps you can take to maximize your chances of success in a criminal trial:

• Exercise Your Rights: It is important to exercise your rights, especially the right to remain silent and the right to an attorney. Speaking to law enforcement without an attorney present can lead to unintended consequences.

• Cooperate Within Limits: While it is important to exercise your rights, cooperating with law enforcement within legal limits can also be beneficial. Providing basic information such as your name and address is typically required, but you are not obligated to provide any further information without an attorney present. A good attorney can help you understand when cooperating will work to your benefit.

• Document Everything: Keep a record of all interactions with law enforcement, including the names of officers, the date and time of the interaction, and any questions asked. This information can be valuable if there are any disputes later on.

• Seek Legal Advice: If you are the target of a criminal investigation, it is crucial to seek legal advice as soon as possible. An experienced criminal defense attorney can help protect your rights and provide guidance on how to navigate the legal process effectively.

Understanding your legal rights during a criminal investigation in Northern Michigan is crucial to protecting yourself and ensuring a fair process. By exercising your rights, seeking legal advice, and cooperating within legal limits, you can maximize your chances of success in a criminal trial. Remember, you are innocent until proven guilty, and you have the right to a fair and impartial trial.