Your Constitutional Rights
The criminal prosecution system in the United States is set up in such a way that the highest burden possible is placed on the prosecutors in order to obtain a conviction of an accused defendant. This is basically a policy choice, as American society is founded on the principle of freedom, which means that society at large is better-served by having some criminal defendants who may be guilty not be convicted than have any innocent defendants wrongfully convicted.
As such, several Constitutional rights are in place and guaranteed to every criminal defendant, and a few of them are described below:
Ex Post Facto Laws
The US Constitution guarantees protection against prosecution for a crime that was only passed into law after an act was committed. For instance, if a person does something on one day that is not illegal, the legislature cannot pass a law against it the next day and then prosecute this person - the act must be illegal when it's committed.
Protection against Arbitrary/Unreasonable Searches and Seizures
The Fourth Amendment of the Constitution protects a person from random, baseless searches and seizures by the police. Basically, law enforcement must have some sort of probable cause in order to search or seize, and this is usually approved in the form of a court-ordered warrant. Of course, there are exceptions to the warrant requirement, and a criminal defense attorney can explain those to you.
The Right to Remain Silent and Against Double Jeopardy
These two rights are guaranteed by the Fifth Amendment. Anyone accused of a crime can choose to remain silent, both during interrogation and on a witness stand, as no person can be forced to incriminate him or herself. The Fifth Amendment also prevents a person from being prosecuted twice for the same crime.
The Right to Counsel
Finally, the Sixth Amendment to the Constitution guarantees any accused defendant the right to legal representation, even if the defendant cannot afford a private attorney. However, the Sixth Amendment also guarantees the defendant the rights to compel witnesses to appear at trial, to cross-examine/confront witnesses and the right to a speedy trial.
Contact the firm today to obtain a full explanation of your Constitutional rights.
Case Review
Fill out the following form to
begin your consultation with
The Blanch Law Firm
