Criminal Law FAQs
How does right to an Attorney work?
Any person charged with a crime has the constitutional right to an Attorney, or legal representation. So where a suspect is being questioned by a law enforcement officer or is in a criminal proceeding, they have the right to be accompanied by their Attorney. Suspects charged with a major crime, has the right to ask for a state appointed Attorney, if they cannot do so at their own expense.
How does remand work?
A person can be remanded prior to sentencing, if there is reasonable suspicion of the danger of the accused absconding or not appearing at trial, protection of the public, or potential interference of the evidences or influence to the witnesses.
Can I request for remand review?
Under normal circumstances, the Prosecutor General is required to review remand of the accused within every 30 days. However, the accused has the right to submit for review of their remand within or prior to this period should they believe there is reason for their release.
What concessions can I seek as a first time offender?
Suspects charged with misdemeanor offenses with less than 1 year of incarceration as punishment, can seek concessions such as deferred prosecutorial agreement with the Prosecutor General, which allows the suspect to avoid prosecution by abiding with the terms and conditions agreed upon.
In charges exceeding the said limits, suspects can seek a plea agreement, which can help avoid incarceration or minimize the punishment for the crime.
How does the right to remain silent work?
Any person charged with a crime has the right to remain silent and not disclose any information that maybe inculpatory. However, where the accused has a defense or justification which could be exculpatory, they maybe required to disclose those information to the law enforcement officers.
Under what circumstances can police stop and search or question?
No person can be stopped and searched or questioned unless the law enforcement officer has reasonable grounds for suspecting that the person has committed a crime, is in possession of an article or proceeds of a crime, or is in possession of an article which can be used as evidence for a major crime.
What information am I required to disclose when questioned by the police?
Any one suspected of or charged with a crime has the right to remain silent upon interrogation or questioning, not withstanding the disclosure of their name, age, address and providing relevant proof of the aforementioned information.