According to Federal law, all U.S. citizens charged with a crime anywhere in the United States have certain legal rights that apply to their processing through the judicial system. Although the presumption is that you are innocent until proven guilty, criminal defense attorneys stress the need for you to understand all of your legal rights during this process.
When you enlist the aid of criminal defense lawyers to represent you when accused of a crime, upholding these rights becomes very important to ensure you receive a fair trial. Always know your legal rights and be sure that you work with lawyers who will speak up for you if and when your rights are challenged.
Starting from the moment you are apprehended, your Constitutional rights are applicable. These rights include:
- The right to remain silent, as anything you say could be used against you in a court of law.
- The right to have criminal defense attorneys present during questioning.
- The right to have lawyers provided to you if you cannot afford your own.
Your Other Constitutional Rights
In addition to your basic Miranda Rights, you have other constitutional rights that criminal defense lawyers will be sure to protect in order to prevent the possibility that you could be unfairly judged or receive unlawful treatment. These rights include:
- The Right to A Speedy Trial - To prevent you from ongoing detainment, you have the right to a speedy trial to determine your guilt. There are times when your attorneys may suggest that you waive this right if more time is required to prepare your defense.
- The Right to A Reasonable Bail - If you are granted bail while awaiting a trial, the court must grant it to you at an amount that is reasonable in consideration of the charges against you. With bail set to an amount that reflects the crime and your past criminal history, you can be released from jail and use that time to work with criminal defense attorneys to build your defense.
- The Right to A Jury Trial - You are to be judged during a public trial by a group of non-biased, randomly selected jurors. If jurors cannot be found to hear your case and judge you based on the evidence presented and the case made by prosecutors, a new jury may be selected.
- The Right to Cross-Examine Witnesses - During your trial, you and your lawyers have the right to question any witness that has spoken against you to dispute their account or determine whether their testimony is valid.
- The Right Against Cruel and Unusual Punishment - Even if you are convicted of a crime, you may not receive a punishment that is disproportionate for the circumstances; cruel in any way; prevents your access to medical treatment during your incarceration; or fails to protect your safety.
- The Right Against Double Jeopardy - You may not be tried twice for the same crime, which is known as "double jeopardy." If your criminal defense lawyers are able to have your case dismissed or you are found not guilty of a charge, you may not be tried again for the same charges in the same judicial system.
The U.S. Constitution provides every U.S. citizen with fair treatment, especially concerning legal cases. If you have been charged with a crime and are working with criminal defense attorneys to prepare for a trial, you still have rights that should be protected.
To ensure your rights are upheld and you receive the fairest trial possible, contact attorneys who are experts in their field and will be able to help you if charged with a crime!
Reynaldo Garza, III
680 East St. Charles St, Suite 600
Brownsville TX 78520
Meetings With Attorney By Appointment Only
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526