Being accused or arrested for a crime is a life-altering event that could have various long-term consequences and may even leave you locked behind bars. However, no matter the crime committed, you have a constitutional right to a fair trial and humane treatment. This is why, the moment you’re arrested, an officer will immediately recite your Miranda Rights, which include the right to remain silent and the right to an attorney.
Additionally, as a U.S. citizen, you have rights detailed in the Constitution that can protect you from potential government violations once accused of a crime. These are detailed in the following amendments.
Fourteenth Amendment
This amendment requires each state to give equal protection to all citizens, regardless of race, age, career, etc. This protects citizens from unfair treatment based on factors they cannot control. The 14th Amendment also provides the “right to due process.” This can be simply defined as the right to trial and the right to state your case.
Fifth Amendment
This amendment also guarantees “right to due process,” while adding in some more protections. These include:
- A required pretrial in front of a jury
- Banned double jeopardy (second trial for same crime)
- Protection against having suspects acting as their own witness
- Fair proceedings if someone brings forth a case against the government
Fourth Amendment
The Fourth Amendment protects people’s property by setting guidelines for police searches and seizures. This amendment gives people the right to feel secure in their homes by requiring officers to present a search warrant before entering the property.
Sixth Amendment
This amendment is well-known for granting the right to a “speedy and public trial.” However, it also guarantees that the accused person will have a trial in front of an impartial jury, will be informed of all charges, will be present during witness testifications, and has a right to an attorney.
If you believe your constitutional rights were violated during your arrest or subsequent trial, you should immediately consult a constitutional law attorney today. Per the Sixth Amendment, you have the right to an attorney and, if you have the means, you are able to hire your own attorney to represent you in court. Your attorney’s job is to ensure that your rights are being upheld throughout the entire criminal justice process. If your lawyer agrees that your constitutional rights were violated then, together, the two of you can build your case and present it to the court. Once presented in court, a judge will determine whether or not a violation occurred and, if so, how it will affect the remainder of your case.