subject: Exercise Your Criminal Trial Rights – A Utah criminal defense attorney shows you how to protect yourself when charged with a crime [print this page] Author: Jai Prakash Srivastava Author: Jai Prakash Srivastava
Our federal, and your state, constitution promises you certain rights in order to insure you receive a fair trial. Make you sure you understand and exercise them. The Bill of Rights Most people assume that if the government charges them with a crime, they will be found guilty and go to jail. A Utah criminal defense attorney may prevent that from happening, starting with your trial rights. Three of your most important rights are the right to: confront witnesses; a jury trial and jury unanimity; a speedy trial; Confront Witnesses Our Constitutions Confrontation Clause guarantees us the ability to look our accusers in the eye. This means that any witnesses against you must show up at your trial and testify against you. It also promises that your Utah criminal defense attorney will have the opportunity to question them. A good Utah criminal defense attorney will always use this particularly powerful section of the constitution because it prevents hearsay. Hearsay is when someone testifies about an event or circumstances that he has no personal knowledge of. For instance, a witnesslets call him Tomcannot testify that My mother told me she saw John at the store. To be valid, the government would need to call Toms mother and ask her exactly what she saw. Then Toms mother would be subject to your cross examination. Your Utah criminal defense attorney can ask: How did she know it was John? How far away was she when she saw John? Does she wear glasses? Did she make eye contact? How long did she see John? Seconds? Etc. Eye witness testimony is notoriously unreliable and State v. Clopten, the Utah Supreme Court recently acknowledged as much. Jury Trial and Jury Unanimity A reliable Utah criminal defense attorney will almost always ask for a jury trial. You are entitled to a jury where you are charged with a crime that may include jail time. Surprisingly, this includes most traffic tickets! This right is important because a Utah criminal defense attorney understands that if she convinces one person of reasonable doubt as to your guilt, you win. This is because the constitution guarantees jury unanimity. Jury unanimity means that all of your jurors (in Utah, there are typically 8) must agree that you are guilty of the charged crime. Without total unanimity, you cannot be found guilty. Speedy Trial A smart Utah criminal defense attorney knows that speedy trial rights are a double edged sword. No one wants to have charges hanging over their heads for months or even years. But theres an old saying amongst defense attorneys, Unlike wine, cases get worse over time. Why? Because often peoples memory fade, evidence gets lost, people move, cops retire, victims change their mind, etc. As long as a defendant is free on bail, time only benefits him. Remember, the burden is on the government to prove you did something wrong; you do not have to prove your innocence. A Utah criminal defense attorney will help you assert your rights and maybe even more importantly, show you when to waive some rights. To have all your questions about constitutional rights answered, contact an attorney.About the Author:
