Rights Defendant's Have Under Michigan Law
Here are a few rights defendants have in Michigan.
Rights1. Right to Counsel
The Constitution of the United States of America, the Sixth Amendment, gives the right to have an attorney counseling you before giving any verbal statements to the police. This right also applies if you are going to give a written statement to authorities. You also have the right to have an attorney present when you are talking to police. I strongly advise anyone who plans on talking to police to have a lawyer present with them if they are under investigation for committing a crime.
2. The Right to be Free From Unreasonable Searches or Seizures:
You do not have to allow any law enforcement agent to search your home, business, body, garage, boat, computer, car or property unless the officer shows you a search warrant and has proper credentials. The Fourth Amendment provides you with protection from unreasonable searches and seizures. If the police do have a search warrant that is valid, you should peacefully let them conduct the search. You can ask law enforcement if may watch them as they conduct the search. You can also ask them if you may call a lawyer before they conduct the search. Do not allow police officers to search your property without a warrant.
3. Right to Remain Silent:
You may not be forced to talk to law enforcement when you are being questioned about a crime. The Fifth Amendment protects you from being forced to talk to the police if you don't want to. The United States Supreme Court in Miranda declared that anyone in the custody of law enforcement must be told that they have the right to remain silent, the right to an attorney, that an attorney will be provided to you if you can't afford one and that anything you say can and will be used against you in a court of law.
4. Right to a Speedy and Public Trial:
The Sixth Amendment of the United States Constitution promises a "speedy trial" without delays that are not reasonable.
More Rights5. The Right to Subpoena Witnesses:
If you have a trial or a preliminary hearing, you may have the court order someone to testify at court on your behalf.
6. Right to a Trial by Jury:
The Constitution gives you the right to have a trial by jury, unless both the state and you agree to a trial by the judge. The jury will consist of twelve members who decide the outcome of your case.
7. Right to a Unanimous Verdict:
All twelve members must agree that you are guilty beyond a reasonable doubt in criminal charges brought by the state. If the jury isn't able to all agree on a verdict, the impasse will cause the jury to be hung and split. The state may trial you again if the jury is split or hung.