Defendant’s Rights

  1. The defendant has the right to an attorney. If the defendant cannot afford an attorney, and if the court declares the defendant to be indigent, the court will appoint an attorney for that person.
  2. The defendant has the right to remain silent. If a statement is made, any statement that is made can be used against him/her.
  3. The defendant has the right to plead not guilty.
  4. The defendant has the right against self-incrimination.
  5. The defendant has the right to be tried on presentment or indictment.
  6. The defendant has the right to a preliminary hearing. At the preliminary hearing, if the judge finds that there is probable cause that a crime was committed and probable cause that the defendant committed the crime, the case would be bound to the Grand Jury.
  7. If the Grand Jury indicts the individual, the individual has the right to a speedy trial by jury where the state would have to prove their case beyond a reasonable doubt.
  8. The defendant would have the right to present any evidence in his/her own behalf.
  9. The defendant would have the right to confront and cross-examine any witnesses against them.
  10. If there is a plea of guilty at any stage, that cannot be appealed except as to the sentence.
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