What are your rights concerning the court after an arrest?

On Behalf of | Sep 15, 2022 | Criminal Defense |

You may hear a lot about your rights during an arrest, but what happens after your arrest? You still have civil rights when it comes to the court process and your trial.

The Indiana Public Defender Council explains you have certain rights at trial of which you should be aware. This begins with a right that you learn during an arrest when an officer reads your Miranda rights, the right to an attorney.

Other rights

When it comes to court, you have the right to know when all hearings will occur and to be present at them. The court must tell you the charges against you, and the prosecutor must give you the information it has on the case that it will provide to the judge.

When it comes to the trial, you have the right to call witnesses and present evidence in your case. You also get to make arguments against the prosecution’s witnesses and evidence. You do not have to testify yourself because the law gives you the right not to incriminate yourself in a crime. You have the right to an assumption of innocence until you admit guilt or the prosecutor proves guilt.

Additional important points

When it comes to your first time in court, it must happen within 20 weekdays if you are incarcerated or 60 weekdays if you are out on bail. Keep in mind the day count will not include any days the court closes for holidays.

You also have the right to ask for a jury to hear your case. Otherwise, the judge will hear it and make all decisions.

This information only applies to adult offenders. If you are in juvenile court, you cannot ask for a jury. You also will not have a right to get bail.

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