Investigation
Understanding your constitutional protections during investigation
Your Constitutional Rights:
- Right to remain silent (Fifth Amendment)
- Right to an attorney before and during questioning
- Protection from unlawful searches (Fourth Amendment)
Critical Tip
Do not speak to law enforcement without legal counsel present. Anything you say can be used against you, even if you believe you're being helpful.
Arrest
Your rights when taken into custody
Your Rights Upon Arrest:
- Right to be informed of charges
- Right to remain silent
- Right to an attorney
- Right to a bail hearing (may be denied in some cases)
Preparation Tip
Have a trusted contact ready for bail arrangements. Know who you can call and ensure they understand the process.
Pre-Trial
Rights during the pre-trial phase
Your Pre-Trial Rights:
- Right to legal counsel
- Right to review evidence (discovery)
- Right to file motions challenging unlawful evidence
- Right to negotiate a plea deal
Documentation Tip
Keep detailed records of communications with your attorney. Document all meetings, calls, and advice received.
Trial
Your rights during trial proceedings
Your Trial Rights:
- Presumption of innocence
- Right to a jury trial
- Right to present a defense and call witnesses
- Right to cross-examine witnesses
- Right to remain silent
Strategic Tip
Prepare with your attorney whether or not you will testify. This is a critical decision that requires careful consideration. Learn more about plea vs trial decisions.
Sentencing
Your rights during the sentencing phase
Your Sentencing Rights:
- Right to speak on your own behalf
- Right to present mitigating evidence
- Right to appeal
Support Tip
Gather letters of support and documentation before sentencing. Character references and evidence of rehabilitation efforts can be crucial.
Incarceration
Your rights while incarcerated
Your Rights During Incarceration:
- Right to humane treatment (Eighth Amendment)
- Right to medical and mental health care
- Right to religious freedom
Connection Tip
Maintain supportive contact with friends, family, and advocacy groups. These connections are vital for mental health and successful reentry.
Post-Release & Registration
Your rights after release and during registration
Your Post-Release Rights:
- Right to challenge registry errors
- In some states, right to petition for removal from registry after a certain period
- First Amendment protections for lawful internet use (Packingham v. North Carolina)
Note: You may be subject to sex offender registration laws (SORNA & state-level). Learn more about life on the registry.
Reentry Tip
Contact advocacy groups for housing and employment assistance. Organizations like NARSOL can provide valuable support during reentry.
Quick Reference Table
| Stage | Your Rights |
|---|---|
| Investigation | Silence, attorney, privacy |
| Arrest | Miranda rights, charge info, bail |
| Pre-Trial | Counsel, discovery, trial rights |
| Trial | Jury, defense, remain silent |
| Sentencing | Mitigation, appeal |
| Incarceration | Medical care, safety, rights |
| Reentry & Registry | Free speech, voting (state-dependent), due process |
Resources & Contact Information
NARSOL
National Association for Rational Sexual Offense Laws - Advocates for reforming sex offense laws and supporting affected individuals and families.
American Civil Liberties Union (ACLU)
Nationwide nonprofit defending individual rights guaranteed by the Constitution.
National Conference of State Legislatures (NCSL)
Provides research and data on state laws, including voting rights restoration.
Human Rights Watch
International nonprofit investigating and reporting on human rights abuses.
The Marshall Project
Nonprofit news organization covering the U.S. criminal justice system.
P.O. Box 524644, Miami, FL 33152
The SOLAR Project
Supporting, Organizing, Learning, Advocating, and Reforming - Your source for education, advocacy, and support.
Remember
This process can feel overwhelming, but you are not alone.
Protect your rights, lean on trusted supporters, and work closely with a qualified attorney. Stay informed and seek help from reputable organizations.
Legal Disclaimer: This guide provides general information only and is not legal advice. Laws vary by state and individual circumstances. Always consult with a qualified attorney for advice specific to your situation. The SOLAR Project does not provide legal representation.