Facing criminal charges is scary, especially if you’re an immigrant. You might worry about deportation, family separation or unfair treatment by the justice system. While some of your concerns may be valid, it helps to know that you have rights in criminal court, regardless of your immigration status.
Understanding these rights when facing criminal charges can help you protect yourself and make informed decisions.
The right to remain silent
The Constitution accords you the right to remain silent under custodial interrogation. You do not have to answer police questions when under arrest for a criminal offense. Anything you say can be used against you, and the law protects you from self-incrimination.
The right to a fair trial
Just like U.S. citizens, immigrants have the right to a fair trial. This means you are presumed innocent until proven guilty and can’t be convicted without evidence. You also have the right to a court interpreter if your proficiency in English is limited.
Additionally, you have the right to counsel when charged with a criminal offense. If you cannot afford a lawyer, the court must appoint one for you.
Protection from discrimination
Judges and prosecutors cannot treat you unfairly because of your nationality, accent or immigration status. You have the right to due process, regardless of where you were born.
Asserting these rights as a criminal defendant is crucial, but knowing how they apply in your specific case is equally important. Legal guidance is essential, especially when dealing with complex issues like plea deals, potential deportation risks or other consequences of a conviction. It can go a long way in navigating both the criminal and immigration aspects of your case, helping ensure that you make decisions in your best interests.