All persons arrested in the United States have constitutional rights that are provided for their protection, regardless of whether they are citizens of this country. Arrested persons have a right in most cases to a trial by a jury made up of six residents of the county where the offense occurred. They have the right to have this jury hear all of the witnesses and see all of the evidence approved by the court. They have a right to be present during the trial and while the jury is hearing the case. They have the right to see, hear, and confront the witnesses. They have the right to call witnesses of their own, and to have the court issue subpoenas to assure that they appear. They have the right to testify themselves should they choose to do so, but nobody can make a person testify if he or she does not want to in accordance with the right to remain silent. Arrested persons have the right to an attorney if they want one. If they cannot afford an attorney, and they qualify under state law, a public defender will represent them. The lawyer can act on their behalf before, during, and after the trial. They have the right to have their attorney ask questions of the state's witnesses at the time of trial. This is called crossexamination. Finally, they have the right to have the state prove its case against them beyond every reasonable doubt using lawfully obtained and admissible evidence. For more information about constitutional rights, contact a qualified attorney.
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