After the events of the past two years, it is understandable that many are feeling uncertain about the future of their Constitutional rights. Your attorney can be a valuable resource for you to utilize to protect your rights in a variety of legal situations and cases. In this article, we explore five key rights that your skilled criminal defense lawyer can defend to ensure that your quality of life is maintained.
Why Is It Important Your Criminal Attorney Is An Expert in the Constitution?
Criminal defense attorneys are practicing attorneys at law that are skilled in the application of the United States Constitution. These experts are able to put Constitutional provisions into the context of complex legal cases, and work with individuals to ensure that their rights are protected throughout the criminal justice process. They can collaborate with other members of the legal team to ensure that your case gets the most comprehensive and competent defense that it can.
Provision #1: The Right to Trial By Jury
The Right to Trial by Jury was introduced by the U.S. Constitution in Article III, Section II. This is also supported by the Sixth Amendment, guaranteeing the right to a public trial. Both of these provisions are enacted to ensure that your case is handled as fairly as possible.
The Supreme Court has since provided additional context since this provision was drafted, and has applied the guarantee to cases that generally will not risk the defendant spending more than six months in jail.
These are the type of nuances that your attorney can help you to navigate with confidence.
Provision #2: The Right to Remain Silent
Both the First and the Fifth Amendments support the defendant’s right to remain silent. This is perhaps one of the most well-known constitutional provisions that you’ve likely seen on TV - featuring a police officer reminding the victim of their Miranda rights. This provision was added to the context of criminal cases after the case Miranda v. Arizona landmark decision made in 1966. This protects people from self-incrimination and is designed to minimize false accusation and false legal decisions.
In cases of criminal arrests or proceedings, your attorney can help to ensure that your rights were not violated throughout the process, and that you were not self-incriminating during the event of your arrest.
According to Nolo, the prosecution may in certain circumstances question your silence during the case in certain situations, such as if you were not taken into police custody or if they voluntarily chose to submit to and contribute to any form of questioning by a police force member.
Provision #3: The Right to Submit a Defense
In criminal cases, you are given the right to submit a defense. No one can prohibit you from submitting evidence and presenting your case in front of a court. This is protected by the Due Process Clause, as well as the Sixth Amendment. Your attorney can ensure that your rights are protected as you prepare and present your defense, and may even be an asset to you to assist you in presenting the defense.
You Are Entitled to a Fair Legal Process
No matter what type of legal situation you may find yourself in, you are entitled to a fair legal process. Using the services of a skilled attorney can help to guarantee that your rights are protected at every point of the legal process.
For more information on your rights based on the details of your case, please book your free consultation by clicking here or contacting us at 619-693-6474.