If a defendant is found to be involved in a punishable offence, law enforcement agencies have every right to arrest them. They can even take the defendant into custody. But what they can’t do is misbehave with the defendant and deny them their right to appeal.
The state laws of Indiana have provisions for both law enforcement agents and defendants that they must adhere to.
Let’s take a look at some of your rights while you’re under trial:
Rights to know why you are being arrested
If a police officer storms into your house to arrest you with no prior explanation, this act is unconstitutional. You have every right to inquire about the charges and find out why you’re being arrested.
The defendant also has a right to take a look at the arrest warrant and read it top to bottom, before acquiescing.If the constable refuses to present the warrant, it might not be a legal arrest.
Law enforcement agents also can’t search your premises without your consent. Any evidence that was illegally collected is considered inadmissible.
Right to be treated humanely
The police can put you behind bars, but can’t torture or mistreat you—emotionally or physically. The police can’t even threaten to hurt you if you refuse to confess. You don’t have to explain your case or narrate the incident to the police—that right is reserved by attorneys and the judge.
According to the National Crime Victim Law Institute of Indiana, every detainee has the right to be treated with dignity, fairness, and respect. No harassment, bullying, or intimidation can take place behind bars, whatsoever.
Right to trial
You have every right to legally present your case in front of a jury. In Indiana, the law permits you to have your trial conducted within 20 days of being detained or within 60 days if you’ve been released.
You have the right to be informed about all the information that was or will be presented to the judge regarding the case. If you can afford it, the law permits you to hire an attorney who will assist you with the proceedings of the case.
The defendant also has a right to know when and where the hearings will take place. They have the right to attend them and the right to not tell the judge anything if they don’t wish to.