subject: Understanding Your Rights in a Criminal Case [print this page] Understanding Your Rights in a Criminal Case
Facing criminal charges is a difficult to handle task. If you have no idea about how the legal process works or what your rights, and duties, as a defendant are, it becomes even more difficult. Only a competent criminal attorney is capable of providing you answer to these questions. .
Every defendant in a criminal case has certain rights. Before you go to court, ask your attorney about these and the way these apply. If you have a good attorney, he/she would be able to tell you about these basic rights.
The Right to Counsel under the Sixth Amendment of the US Constitution, every defendant in a criminal action has the right to have an attorney for representation. If he/she is unable to afford a lawyer, the Florida court appoints one for this task at no cost to the defendant. You have the right to legal counsel, right from your arrest to the first appeal you file.
The Right to Speedy Trial by an Impartial Jury under the Sixth Amendment of the US Constitution, the time between the arrest of an individual on criminal charges and the time for trial must be reasonable. Moreover, he/she has the right to be tried by a jury comprising people from different strata of society.
The Right against Self-Incrimination under the Fifth Amendment of the US Constitution, no defendant may be forced to testify if doing so would establish their guilt/association with a guilty party. The right is, however, not applicable when there is a need to provide a fingerprint or a DNA sample. If you do testify (and waive your right), usually you have no choice to answer some questions and not all.
The Right to Double Jeopardy Protection under the Fifth Amendment of the US Constitution, if the trial ended with a hung jury, Florida laws provides the defendant the provision of retrial. Clarify from your Fort Lauderdale criminal attorney how this clause affects your case.
The Right to Confrontation Clause under the Sixth Amendment of the US Constitution, every defendant has the right to cross-examine the prosecution's witnesses, both at court or outside it (statements presented as witness testimonials). The 14th Amendment makes it applicable on state criminal cases as well. Consult your criminal attorney about utilizing this right to confront the witnesses against you.
Make sure you ask your attorney about the rights you may use before you stand at court.
