Constitutional Rights of Criminal DefendantsComments Off on Constitutional Rights of Criminal Defendants
If you are facing criminal charges in Washington state, you have a number of important constitutional rights that the courts and the police must honor. Any actions that deprive you of these rights is a violation of the United States Constitution, and you may have grounds to appeal the charges against you if these violations occur. By understanding this information, you can take necessary steps to protect yourself and your rights.
What Are Constitutional Rights?
A constitutional right is a right given or reserved to the people by the United States Constitution. The Bill of Rights or the first ten amendments of the Constitution define the most crucial rights a U.S. resident holds. For example, the First Amendment provides freedom of religion, speech, press, petition, and assembly, while the Second Amendment provides the right to bear arms. Certain amendments are of particular importance to criminal defendants.
Fourth Amendment Rights for Criminal Defendants
The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures. This means that the government—and the police department investigating your case—must have probable cause to conduct a search or seize your property. This means that in most cases, the officers must obtain a warrant prior to searches or seizures. This amendment also prevents prosecutors from using illegally obtained evidence in court.
Understanding Fifth Amendment Rights
The Fifth Amendment provides two crucial rights to defendants: protection from self-incrimination and double jeopardy. Under the self-incrimination element, you have the right to remain silent to avoid providing information the prosecution can use against you. You have the right to remain silent during arrest and at trial.
Double jeopardy, on the other hand, refers to the prosecution of the same person for the same crime. You cannot face prosecution for the same crime more than once. Exceptions include if you face charges in different courts over the same crime; civil and criminal cases can occur, as can trials in federal and state court.
The Fifth Amendment also protects you from the loss of life, liberty, or property without the due process of law. You must know what charges you are facing, and you have the right to tell your side of the story in court. You have the right to a hearing, the right to call witnesses and present evidence, and the right to testify.
Sixth and Seventh Amendment Constitutional Rights
Under the Sixth Amendment, you have the right to receive adequate legal representation, or the right to hire a lawyer to represent you. If you cannot hire a criminal defense lawyer, a public defender will take your case. Finally, you have the right to confront witnesses who testify against you. This provides you with the ability to refute testimony and offer your side of the story.
Finally, the Sixth Amendment provides the right to a speedy trial, and the Seventh Amendment also affords the right to a trial by jury in a public forum. Rules vary from state to state, but if you face an unconstitutional delay or a jury is not present, this may be a violation of your constitutional rights.
Eight Amendment Rights for Criminal Defendants
The Eighth Amendment provides two crucial rights for criminal defendants: the right to reasonable bail and freedom from cruel and unusual punishment. The judge will set the bail based on the severity of your charges and your likelihood to flee. In addition, if the court convicts you, you cannot receive a sentence disproportionate to the severity of your crime. This amendment also affords certain human rights during your sentence.
Criminal charges can impact your life in multiple ways. To protect your rights during the process and advocate for the best possible outcome, hire a Washington criminal defense attorney to represent your case.