Constitutional rights exist in every criminal court proceeding. Whether the charges against you involve violent crimes, sex offenses, drugs, or other types of criminal offenses, the defendant has a wide variety of constitutional rights that need to be protected throughout the criminal justice process.
However, many of us take these rights for granted. Some of us cannot even identify all or any of them. Which is why, in the event of an arrest, alleged offenders need to obtain legal representation from a criminal defense attorney to defend their rights and future.
Good criminal defense lawyers care and take action to ensure their clients’ constitutional rights are protected and vindicated. Furthermore, they make sure their clients are given a fair trial and treated fairly.
The following are the constitutional rights your attorney is required to protect:
Fourth Amendment Rights
- The right to not have your home, property, documents, and body searched or seized unreasonably
- The right to have an arrest warrant and search warrant based on probable cause
Fifth Amendment Rights
- The right to a Grand Jury for capital crimes and other felony offenses
- The right not be put in double jeopardy for the same crime
- The right to not testify against yourself
- The right to due process of law before the government can take away your life, liberty, or property
Sixth Amendment Rights
- The right to a speedy and public trial
- The right to an impartial jury from the state and district where the crime was allegedly committed
- The right to be informed of the nature of the crime you are accused of
- The right to confront the witnesses against you
- The right to call your own witnesses
- The right to have an attorney defend you
Eighth Amendment Rights
- The right to a reasonable bail amount
- The right that your fines are not an excessive amount
- The right to be free from cruel and unusual punishment
Due to the complexities of criminal proceedings, an experienced criminal defense lawyer can ensure that you are given a fair trial in order to obtain the most favorable outcome possible.