Fundamental Rights in a Criminal Case

Every person accused of a crime is guaranteed certain constitutional rights that are aimed to ensure that accused is treated fairly in the criminal justice system.  These individual rights are outlined in the United States Constitution and its ensuing amendments.  Some of these rights are fact specific or have been interpreted in various ways by the courts.  You should contact the Law Office or a seasoned trial attorney to help explain these rights and the potential application to your particular case.

Fundamental Rights

Right to due process of law

Right to equal protection under the law

Right to be free from unreasonable search and seizure

Right against self-incrimination or being forced to testify against oneself

Right against double jeopardy or being tried more than once for the same offense

Right to legal counsel, even if you cannot afford one

Right to clear notice of criminal charges

Right to a grand jury in federal felony proceedings

Right to a speedy, public trial

Right to an impartial jury trial

Right to confront witnesses and evidence against you

Right to call defense witnesses

Right to be free from cruel and unusual punishment

Prohibition against ex post facto laws (laws that retroactively criminalize acts or increase criminal sanctions)

Right to be free from excessive fines or excessive bail

 

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