Constitutional rights are those granted under the US Constitution, and many rights can be found in the original document. However, in criminal cases, defendants’ constitutional rights are derived from amendments to the Constitution. These rights apply in almost every case, and a Defense Lawyer in Chicago often uses them as a basis for a defense.
Which Rights Apply in Criminal Cases?
There are many rights that apply in criminal cases, such as:
- The 4th Amendment -; Protections against illicit searches and seizures, and the requirement for a search warrant
- The 5th Amendment -; The right to due process, Miranda rights, the right to protection from double jeopardy
- The 6th Amendment -; Entitlement to a speedy trial, the right to seek legal counsel, the right to have a fair jury, and the right to cross examine witnesses. Defendants also have the right to know the charges they face.
- The 8th Amendment -; Covers sentencing limitations and bail rights, protects defendants from cruel and unusual punishment
- The 14th Amendment -; Additional due process rights
Numerous constitutional rights apply in criminal cases, and some of these rights may be unknown to a defendant. It’s the criminal attorney’s responsibility to inform the defendant of all their Constitutional rights.
If a Defendant’s Rights are Violated
The consequences depend on which right was violated. For instance, if an illegal seizure took place, the evidence cannot be used at trial. Or, in the case of double jeopardy, the ruling cannot be used in subsequent cases. Violations of a person’s constitutional rights can have great effects on the outcome of a case, and rights violations can greatly affect any subsequent criminal cases a defendant may face.
I am Facing Criminal Charges. Do I Need an Attorney to Protect my Constitutional Rights?
The rights granted by the US Constitution are there to support the concepts of equality and fairness in our country’s criminal system. If you are concerned about your constitutional rights during a criminal case, you should call a defense attorney right away. Your Defense Lawyer in Chicago can tell you more about your rights under the Constitution, and you can Click Here to find out how they can protect you if your rights are violated in any way.
