Your Constitutional Rights if You're Accused of a Crime


The rights of the accused are the right to a fair trial due process to seek redress or a legal remedy and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote


Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defendant prove that s/he is innocent any doubt is resolved in favor of the defendant. Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense which is in some countries called a court-appointed lawyer.


The U.S. Constitution guarantees numerous individual rights against abuses by law enforcement, although it is a constant struggle to ensure that police, prosecutors, and courts fully respect them. The assistance of an experienced criminal defense attorney critical to keeping those rights secure. Some of the rights enshrined in the Constitution are well known, while others may not be as familiar.


The Fifth and Fourteenth Amendments provide that the State may not deprive a person of “life, liberty, or property, without due process of law.” The Fifth Amendment also requires an indictment from a grand jury for most types of crimes. This requires the State to maintain clear procedures in criminal matters, and ensures that the State cannot convict someone of a crime without following those procedures.


Certain very general rights are attached to the process. An accused person must not be allowed to languish indefinitely in jail but must be given a speedy trial. Involved with this issue are the rights to a reasonable bail and prohibitions against being detained for more than a specified time without bail.

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