Constitutional Protections of the Criminal Defendant

When our country was founded, its supreme law was recorded in a document called a constitution. A national constitution establishes the country's basic philosophy and structure and can be viewed at as the blueprint from which the laws will resonate. The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain person rights to the individuals.

The first 10 amendments, also called the Bill of Rights, hold basic, fundamental rights of individuals on which the government could not impress. Most of these constitutional rights give protection to criminal defendants in the criminal-justice system. Relatively recently, the US Supreme Court interpreted the due process clause of the Fourteenth Amendment to extend most of these rights beyond just the federal system to criminal defendants in state criminal justice derives where the vast marjority of criminal trials occur.

The basic constitutional rights of the criminal defendant permeate every detail of the criminal-justice process. If in fact you or a loved one have been accused of a crime, no matter if federal, state or local, a seasoned criminal-defense attorney can clarify these rights to you and assist you to defend for them at each and every significant step.

Fundamental Rights

Here are the main federal constitutional rights guaranteed to criminal defendants in the United States to promote fair trials. Remember that these rights have been refined and interpreted by the courts and an attorney can advise you pertaining their role in and application to your specific case.

• The right to an impartial jury trial
• The right to confront witnesses against you
• The right to call supporting witnesses
• The right to be free from cruel and unusual punishment
• The prohibition against ex post facto laws or laws that retroactively criminalize certain acts or increase criminal sanctions
• The right to be free from excessive fines or excessive bail
• The right to clear notice of criminal charges
• The right to a grand jury in federal felony judicial processs
• The right to due process of law

• The right to equal protection under the law
• The right to be free from unreasonable search and seizure
• The right against self-incrimination or being forced to testify against oneself
• The right against double jeopardy or being tried additional than once for the same offense
• The right to legal representation
• The right to a speedy, public trial

Conclusion

Our criminal-justice system is designed through constitutional protections to give a criminal defendant with a fair trial. If in fact you or a loved one face any phase of the process, consult an experienced attorney as early as possible to enlist an significant ally in your quest to protect and defend and defend your legal and constitutional rights.

DISCLAIMER: This site and any information contained herein are intended for informational reasons only and should not be misintepreted as legal advice. Seek competent legal representation for advice on any legal matter.

The law offices of Orlando Law Firm represents clients throughout Florida, including Orlando, Alafaya, Apopka, Bay Lake, Belle Isle, Christmas, Doctor Phillips, Eatonville, Edgewood, Hunter's Creek, Lake Buena Vista, Maitland, Oakland, Ocoee, Orlando, Tangerine, Windermere, Winter Garden, Winter Park, and Zellwood.