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Your Rights

How Do I Get a Free Lawyer?
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Right to Remain Silent

If you are arrested or taken into custody, the arresting officer will tell you that you have the right to remain silent. Anything that you say can be used against you in court. These are called Miranda rights.

Right to a Lawyer

If you are accused of a criminal offense that can result in jail time, you have the right to have a lawyer defend you. You can hire a lawyer yourself, or if you cannot afford a lawyer, one will be assigned to you.

Right to Trial

You have the right to a trial. If you are accused of a crime that could result in jail time, you have the right to a jury trial.

In a jury trial, citizens are asked to come to court and determine the outcome of the case. They will make decisions based on the evidence presented at trial, and you will be found guilty or not guilty according to their findings and the law.

If you are facing jail time and you want to have a jury trial you have to make a written demand. The demand has to be filed with the Clerk of Court at least 10 days before your trial is scheduled, or within 3 days after you get notice of your trial date, whichever is later. 

Right to a Speedy Trial

Whether you have a judge or jury trial, everyone who has a criminal charge against them has a right to a speedy trial.  That means that you have the right to be brought to trial within a certain amount of time after the arrest or the service of the complaint and summons.

The amount of time in which a person shall be brought to trial after arrest or the service of summons depends on the degree of the most serious misdemeanor the person is charged with:

  • Minor Misdemeanor - 30 days
  • 3rd or 4th Degree Misdemeanor - 45 days
  • 1st or 2nd Degree Misdemeanor - 90 days

 

You have the right to…

remain silent

You have the right to remain silent when you are in custody

a lawyer
 

(either hired by you or assigned to represent you for free if you cannot afford it and your charges could result in jail time)

a (speedy) trial
 

(including a jury trial if your charges could result in jail time)

bail

(if you are in jail)