Criminal Justice Information Center- The US Constitution

The US Constitution and Bill of Rights
The United States Constitution, the Bill of Rights and other amendments limit the scope of the governments power and define certain rights that each citizen has under the law. Many of these constitutional rights provide protection to criminal defendants in the criminal justice system. The US Supreme Court has also ruled that under the Fourteenth Amendment, any rights that a defendant has in federal courts are to be enjoyed in state courts where most of criminal matters are resolved. As a person suspected of committing a crime, it is important that you understand these rights or retain an attorney who does. The State will not tell you what rights you have, so if you give away, for instance, your right to remain silent or consent to an illegal search and seizure, the Courts have ruled that because you consented, the search is considered legal and any evidence of a crime or what you said to the police can be used against you.

Understand Your Constitutional Rights
It is important that you understand these rights because the police will everything possible to get you to waive them. Often, in order to conduct an illegal search and obtain you consent, they will tell you that they will get a warrant if you don’t let them search now. Or they will tell you that they will go easier on you if you give them the information they want now. The police are highly trained to get the information they seek and sometimes will stretch the truth in order to achieve their aims. In addition, pleading ignorance of your rights will get you nowhere. Just because were not aware of your rights, or the police misinformed you of your rights, if you waive those rights, you can not get them back.

Tell the Police You Want to Consult with an Attorney
Before you talk to the police, make sure you have consulted with an attorney who understands the law and the Constitution. Remember you can always refuse to speak to the police or let them into your home without a warrant. And once you tell the police that you want to consult with an attorney before answering any questions, the police, under current law, must stop questioning you.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Danville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

Call for a No Cost Initial Consultation
The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742