Short answer
You have the right to remain silent, the right to an attorney (free if you cannot afford one), the right to be free from unreasonable searches, the presumption of innocence, and the right to a fair, speedy public trial by jury. The government must prove guilt beyond a reasonable doubt.
These protections come mainly from the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution, and they apply from your first contact with police through the end of your case.
- The right to remain silent. You do not have to answer questions or incriminate yourself. Say clearly that you are invoking this right, and that you want a lawyer.
- The right to an attorney. You can have a lawyer present during questioning, and one will be appointed at no cost if you cannot afford it.
- Protection from unreasonable search and seizure. Police generally need a warrant or a recognized exception to search you, your home, or your phone. Evidence from an illegal search can sometimes be suppressed.
- The presumption of innocence. You are innocent until proven guilty, and the prosecution carries the entire burden of proof — beyond a reasonable doubt.
- A fair, speedy, and public trial by an impartial jury, including the right to see the evidence against you and to confront and cross-examine witnesses.
Rights only protect you if you use them. Invoking your right to silence and to counsel early — clearly and politely — is one of the most effective things you can do.
Related questions
- When do you need a criminal defense attorney?
- How does the criminal justice process work?
- Arrested vs. charged vs. convicted — what’s the difference?
- How does bail work?
- Felony vs. misdemeanor: what’s the difference?
Find an attorney by state
This is general legal information, not legal advice, and laws vary by state. For guidance on your situation, consult a licensed criminal defense attorney where your case is filed.