Constitutional Protections for the Criminal Defendant

Everyone has heard of the “Bill of Rights” and the U.S. Constitution, but what does that really mean to a person who is facing a trial?  Many of the first ten amendments provide protection to the criminal defendant, and the Fourteenth Amendment extends the due process rights beyond federal courts to the state courts, where most of the criminal trials occur.  These basic constitutional rights are the foundation of our criminal justice system.  No matter if the crime you are accused of is federal, state or local, your criminal defense attorney will be knowledgeable in your rights, and be able to explain them to you and keep your rights protected throughout the trial process.

Fundamental Rights

Here is a refined list of the main federal constitutional rights guaranteed to criminal defendants.  These rights are used to promote fair trials, and your attorney will know best which apply to your particular case.

  • 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 more than once for the same offense
  • The right to legal counsel
  • The right to a speedy, public trial
  • 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 proceedings

Conclusion

The criminal justice system in the United States is specifically designed to provide a fair trial for any criminal defendant.  If you are faced with criminal charges or any phase in the criminal process, consult San Diego criminal lawyer Tim Richardson for expert advice and help throughout the criminal justice process.  It is important to contact an attorney as soon as possible in this type of situation.