When charged with any crime, it is important to protect your constitutional rights. The Constitution of the United States protects the basic rights throughout the criminal justice process and guarantees the following for all:
- guarantees a fair process in all hearings
- guarantees equal treatment under the law
- provides for a pretrial hearing by a grand jury in felony cases
- outlaws a second trial for the same crime (double jeopardy)
- protects suspects from having to answer questions which could be used against them
- guarantees fair proceedings when people are threatened by a loss of life, liberty, or property by the government
- ensures compensation for people whose property is taken by the government
- protects people from unreasonable police searches and seizures
- sets requirements for search warrants
- requires a speedy and public trial by an impartial jury
- requires someone accused of a crime to be informed of the charges and evidence
- requires that the accused be present when witnesses testify against him/her
- provides for the accused to have a lawyer and call witnesses in defense
- requires the courts to set reasonable and consistent bail
- requires the courts to suit the sentence to the crime
Anyone arrested for a crime enters and is subject to the criminal justice process and these important rights. It is important that any arrest be thoroughly examined by an experienced attorney to preserve and protect your rights before, during, and after the criminal justice process.