This article is meant to provide general legal information regarding some of the basic constitutional rights of an individual accused of a crime. It is not a substitute for legal counsel. Anyone accused of a crime should immediately consult with a criminal defense lawyer.

Right to Remain Silent

The Fifth and Fourteenth amendments to the Constitution of the United States guarantee an accused the right not to be compelled to testify against oneself.

In the case Miranda v. Arizona, the United States Supreme Court held that a custodial interrogation is inherently coercive and violates a defendant's privilege against self-incrimination unless the defendant is warned of certain rights. Under Miranda, a criminal defendant must be advised of his or her right to have counsel present in order to counter the inherently coercive atmosphere of custodial interrogation.

Anyone accused of a crime cannot be compelled to answer questions that may be incriminating.

Right to Be Represented by an Attorney

In the case Edwards v. Arizona, the United States Supreme Court stated that once a suspect asserts the right to counsel during questioning, not only must the current interrogation cease, but also the defendant may not be approached for further interrogation until counsel has been made available. If police subsequently initiate questioning in the absence of counsel, the defendant's statements are presumed involuntary and are inadmissible at trial.

Right to Confront Witnesses

The Sixth Amendment's Confrontation Clause provides that, "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." The United States Supreme Court has held that this bedrock procedural guarantee applies to both federal and state prosecutions.

The right prevents hearsay evidence from being presented against the accused and allows the accused the opportunity to cross-examine witnesses that present testimony at trial.

Right to be Free from Unreasonable Searches and Seizures

The Fourth and Fourteenth Amendments to the United States Constitution prohibit the unreasonable search and seizure of persons and property by police or governmental authorities. An accused cannot be arrested or searched without a warrant issued by a magistrate or probable cause showing that the accused has committed a crime.

Right to a Speedy Trial

The Sixth Amendment of the United States Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed..."

In the State of Illinois, every person who is being held in custody for an alleged offense shall be tried within 120 days from the date he was taken into custody unless delay is occasioned by the defendant. Every person on bail or recognizance shall be tried within 160 days from the date defendant demands trial unless delay is occasioned by the defendant.