In the legal system, terms such as “suspect” and “defendant” are often used when talking about people accused of crimes. These two terms have different meanings and different rights depending on the stage of the incident. In this blog post, we will cover the main differences between suspect and defendant, when which term is used, and the rights each has.
What is a Suspect?
A suspect is a person thought to have committed a crime. At this stage, an investigation is being conducted by law enforcement or the prosecutor’s office and no formal charges have yet been filed. Suspects have certain basic rights, including:
• Right to silence: Suspects have the right to refuse to testify to the police or the prosecutor’s office during interrogation.
• Right to a lawyer: Suspects have the right to consult a lawyer during interrogation or any other stage of investigation.
• Right to inspection: Suspects have the right to be questioned by a judge if they are arrested or detained.
What is a Defendant?
A defendant is someone who has been formally charged and is awaiting trial in court. If the prosecutor’s office is satisfied that it has found sufficient evidence as a result of the investigation, it prepares an indictment against the defendant and submits it to the court. Defendants also have certain basic rights, including:
• Right to a fair trial: Defendants have the right to a fair trial before an impartial court.
• Presumption of innocence: Defendants are assumed to be innocent, and this presumption continues until proven otherwise.
• Right to self-defense: Defendants may retain a lawyer to defend themselves and may testify in court.
• Right to examine evidence: Defendants have the right to examine and defend against the evidence presented against them by the prosecution.