FOR LAWYERS

Find Defendant Rights Lawyer

Find Defendant Rights Lawyer

Defendant Rights

In the time before the founding of America, people accused of a crime would be brought before a magistrate or king and they would be harshly interrogated until guilt was found, often under duress. When they were creating the foundation for the legal system of the U.S., the founding fathers wanted to avoid these draconian measures and set out to create a number of defendant’s rights to protect the integrity of the legal system.

The Leier Law Office, LLC

10 years in practice
Crimes and Aggravation, Criminal Defense, Criminal Trials and Juries, Defendant Rights, Domestic Violence
View Profile

Scott R. Scherr, P.A., Attorney at Law

31 years in practice
Auto Accidents, Crimes and Aggravation, Criminal Appeals, Criminal Defense, Criminal Trials and Juries
View Profile

The Leier Law Office, LLC

10 years in practice
Crimes and Aggravation, Criminal Defense, Criminal Trials and Juries, Defendant Rights, Domestic Violence
View Profile

Scott R. Scherr, P.A., Attorney at Law

31 years in practice
Auto Accidents, Crimes and Aggravation, Criminal Appeals, Criminal Defense, Criminal Trials and Juries
View Profile

Ensuring Justice is Served

Defendant’s rights cover a variety of topics all of which are aimed at ensuring a defendant is treated properly during the course of a criminal investigation. This ranges from the right against self-incrimination, which protects defendants from testifying against their own self interest, to the right to representation and a fair trial.

Right to Representation

The sixth amendment to the U.S. Constitution gives all defendants the right to representation by a zealous advocate. This has formed the basis of the public defender system. All defendants have a right to a public defender, even if they cannot afford one. While the defendant is allowed an attorney that zealously advocates for them, they are not entitled to any specific attorney. If they cannot afford to hire a private criminal defense attorney, it will be up to the court to decide who represents them.

Additionally, some defendants may elect to represent themselves. This is not recommended by legal professionals because the average lay person knows very little about the proper procedures or existing case law regarding their circumstances. Furthermore, even if the defendant is themselves a legal expert, they lack the objectivity and impartiality that would allow them to properly analyze their own case.

Right to a Fair Trial

One of the most important rights defendants have is the right to a fair and speedy trial. This right prevents defendants from languishing in jail awaiting a court date months or years away. Additionally, the right to a fair trial also promotes judicial transparency. Before trial commences, the defense and the prosecution are obligated to share all exculpatory evidence as well as a list of all relevant witnesses to be called during the trial. This prevents any side from being disadvantaged by surprise evidence or witnesses that they did not have time to prepare for. The right to a fair trial also promises that the defendant will be tried by a jury of their peers, meaning typical, randomly selected citizens from the same area as the defendant barring extenuating circumstances.

Giving You The Advocacy You Deserve

If you have been accused of a crime and feel that your defendant’s rights have been or are being breached, you will need the help of an experienced criminal defense attorney. A private defense attorney is able to focus completely on your case and devote far more attention to your case than a public defender would be able to.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice criminal law.

Contact AttorneyAtLaw.com

Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.

Defendant Rights Frequently Asked Questions

1. What are defendant rights and why are they important in the criminal justice system?

Defendant’s rights refer to the legal protections provided to an individual accused of a crime. These rights can be granted by state law or by the U.S. Constitution.

2. What rights are guaranteed to defendants under the Constitution?

The Constitution of the United States enshrines several inalienable rights to someone who is accused of a crime. These rights include the right against self-incrimination, the right to representation, the right to a fair and speedy trial, and the right to have their case brought before a jury of their peers.

3. Can defendants choose to represent themselves in court?

While all criminal defendants are guaranteed a public defender to represent them, some defendants may choose to represent themselves instead. While technically possible, the court does not look favorably on individuals who self-represent even if the accused is an attorney. This is because in most cases the court will have to slow down significantly in order to accommodate the person advocating for themselves. In almost all cases, it is better to have a zealous third-party advocate for a defendant’s case rather than self-represent.

4. What is the right to a fair trial and what does it entail?

All defendants have a right to a fair trial. This includes a clear and transparent explanation of the crimes the defendant is accused of, and a transparent sharing of evidence between the defense and prosecution. A defendant has a right to know what evidence is being used against them as well as what witnesses will be brought against them. When a case does go to court, the defendant has a right for it to go quickly and be brought before a jury of the defendant’s peers.

5. What options do defendants have if they believe their rights have been violated during the legal process?

If a defendant feels that their rights have been violated, either during the arrest process or during the trial, this is often grounds for appeal. If the court violated the defendant’s rights and then went on to achieve a guilty verdict, the defendant will likely qualify for a new trial at minimum. This does require an appeals court to agree with the allegations that the defendant’s  rights were violated but since defendants’ rights are an enshrined constitutional right, failure to observe them is often a glaring and obvious breach of decorum.

Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram