DUI LEGAL RIGHTS:
1. Your Right to remain silent
This applies if you are stopped by the police, arrested, and at trial. You cannot be forced to answer questions or testify. Your silence cannot be used against you. No one is allowed to presume you are innocent just because you remain silent. This is one of the most valuable rights that people overlook when they're arrested. They think the police will change their mind if they talk, or they think they can tell a lie, or a half truth, and they will avoid being arrested. The best thing you can do is remain silent until you have consulted an attorney of your choosing, who can advise you on what to say – if anything at all. There is a new bill being circulated to make it a crime to lie to the police in Michigan, which is a better reason to remain silent or assert your right to speak to an attorney.
2. Your Right to have an Attorney
Under the Constitution, you have the right to an attorney during all criminal proceedings leading up to trial. Criminal law is one area you never should handle yourself. The right to an attorney is so important it is guaranteed to you by the U.S. Constitution. The Court will have to provide a lawyer for you if you cannot afford one. The court will look into your finances, assets and employment to determine if you can afford an attorney or have one appointed to you.
3. You're innocent until prove guilty
The Prosecutor must prove your guilt. You do not have to prove your innocence. You are always presumed innocent until proven guilty at trial or until you plea guilty in court. The Prosecutors have a high burden to prove you every element of the charge made against you- beyond a reasonable doubt.
4. You have the Right to challenge the evidence against you
You have the right to a trial, and to challenge any evidence the government has against you. This includes challenging the manner in which evidence was gathered. The police must gather evidence legally. There is a lot of case law out there on what police can and cannot do when gathering evidence. You have the right to personally confront witnesses and question them on the witness stand. Of course, you should do this through an attorney.
5. You have the Right to present evidence
Although you do not have to testify or present evidence at trial, you do have the right. You may even compel witnesses to be there for your defense. The court will force them to appear and answer questions. The Prosecutor is always forced to give your attorney evidence that may tend to show you did not commit the crime through a discovery legal mechanism. This is called exculpatory evidence and you can get a new trial if they fail to turn it over to your attorney if convicted.
6. You have the Right to plead NOT GUILTY!
The first court proceeding is called an arraignment, at the arraignment, in most all cases, you should plead NOT GUILTY.
If You Were Arrested In Oakland, Macomb, Wayne or surrounding counties, Contact Us To Schedule Free Consultation & Case Evaluation Analysis Of Your OWI/OUID/DWI Matter. Main Office (248) 782-8322.
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