Constitutional rights are those granted under the US Constitution, and many are found in the document itself. However, in criminal law, most of the defendants’ constitutional rights are taken from the Constitution’s Amendments. These rights apply in almost all criminal proceedings, and they sometimes form the basis of a legal defense.
Applicable Constitutional Rights in Criminal Cases
Many constitutional rights apply in criminal cases. Some of the most frequently cited Amendments are:
* The 4th Amendment: Protects defendants from illicit searches and seizures, and contains rules on search warrants
* The 5th Amendment: Includes due process rules, the right to remain silent, and protection from double jeopardy (being tried twice for the same offense)
* The 6th Amendment: Includes speedy trial rights, the rights to legal counsel and an impartial jury, the right to cross-examine witnesses, and the right to force witnesses to make a court appearance
* The 8th Amendment: Covers sentencing limitations and bail, and prohibits cruel and unusual punishment
* The 14th Amendment: Includes several rights of due process
Many Constitutional rights are used in criminal proceedings, and the average defendant may not be aware of many of them. A criminal law attorney in Grand Forks ND can inform the client of his or her rights and protect their interests.
Violation of Constitutional Rights
The outcome of the violation of constitutional right depends on the right of which the defendant was deprived. For instance, if police seize evidence with no search warrant, it violates the person’s 4th Amendment Constitutional Rights, and the evidence is inadmissible in court. Or, if a person is tried twice for one crime, it is a violation of a defendant’s 6th Amendment rights, and any ruling is invalidated. Constitutional rights violations have far-reaching effects on a trial’s outcome, and they can affect future charges for some defendants.
Does a Defendant Need an Attorney’s Help When Their Constitutional Rights Are Violated?
The rights given by the US Constitution are there to support the underlying concepts of equality and justice in the criminal system. If a person has concerns or questions about Constitutional rights in criminal proceedings, they should call a criminal law attorney in Grand Forks ND right away.
The attorney with Kraus-Parr Law PLLC can advise clients of their rights, and they can defend against violations.