The Basic Rights of Criminal Law

For many Americans, being charged with a crime can be a scary and stressful situation. If you are accused of committing a crime, you may not know where to start in order to exonerate your name. In 1789, many of our Founding Fathers voted to include in our Constitution the Bill of Rights. Today, those rights still apply and many of them directly apply to people who find themselves in legal trouble. These are some of those rights that still apply to criminal law today.

You have the right to a search warrant. The fourth amendment required that the government provide a search warrant when wanting to search the home or other tangible property of a suspect, with very few exceptions. In criminal law cases today, intangible property may also be seized with a proper warrant to include conversations captured through electronic eavesdropping.

You have the right to remain silent, or as some would say, plead the Fifth. The fifth amendment in the Bill of Rights guarantees that an American citizen does not have to talk about a crime in which they are charged if that testimony, whether in a courtroom or in the custody of the police, could be damaging to them. The fifth amendment also gives Americans the right to due process of the law and the freedom from Double Jeopardy, meaning that if you go to court before a jury for a crime and are acquitted, you cannot be charged for that crime a second time.

You have the right to reasonable bail. The eighth amendment determines that excessive bail cannot be set without showing evidence that would justify it.

You have a right to a speedy trial, if found accused by a grand jury. This is according to the sixth amendment of the Bill of Rights. It also guarantees that you can be present when witnesses testify against you and more importantly, that you have the right to a lawyer. If you do not have a lawyer already, the court will appoint one for you. It’s a beautiful aspect of criminal law, no one has to go to court to defend themselves. A criminal law attorney will be on your side, fighting for you.

The mission of the Beaver Law Firm is to protect your constitutional rights. We believe that everyone is innocent until proven guilty and that all persons deserve their fair day in court. Are you looking for a criminal defense lawyer who has your best interests in mind? Give the Beaver Law Firm a call today at (919) 578-8551.