![]() Your only statements should be a request to contact your Galveston criminal defense lawyer. If you are under arrest, exercise your right to remain silent and have access to legal counsel.Never consent to a search of your home or business without a warrant.Do not provide police with any information that is not specifically indicated by a search warrant.If you are or believe you are under investigation, recognize that you do have rights even before an arrest.Tips to Protect Your Due Process Rightsīecause of the complexities of any criminal matter involving your civil liberties, some tips may help you handle possible due process violations and preserve your rights. Having an experienced criminal defense lawyer who understands the complexities of due process and who will aggressively protect your constitutional rights can be of critical importance when you’ve been charged with a crime. A defendant whose rights have been violated can challenge the prosecution on those grounds and potentially have the charges thrown out. When any element of due process is missing during a criminal prosecution, the fairness and constitutionality of the state’s attempt to deprive an individual of their freedom has been compromised. Why Does “Due Process” Matter to a Criminal Defendant?ĭue process in criminal cases has many facets and nuances, and the ways in which defendants can be deprived of due process are numerous. Right to review or appeal of a judge or jury’s decision. ![]() Right to have a decision based solely on the evidence presented.Right to make a record that can be reviewed on appeal.Right to call witnesses and present evidence.Right to receive exculpatory or opposing evidence from prosecutors.In addition to the foregoing rights set forth in the Sixth Amendment, the protections also includes the following: Right to have the court compel favorable witnesses to appear.Right to confront and cross-examine adverse witnesses.Right to full notice and explanation of the charges being brought and the grounds for bringing such charges.Right to an unbiased tribunal or impartial jury.Other amendments in the Bill of Rights address specific elements of due process, most importantly the Sixth Amendment, which affords criminal defendants seven (7) specific rights, all of which are essential to protecting our rights and our freedom: Constitution, which provides that no person shall “be deprived of life, liberty, or property, without due process of law.” (The Fourteenth Amendment provides the same protection as to actions by the states). Constitutional Protectionsĭue process is first embraced in the Fifth Amendment to the U.S. If you are charged with a crime, all of the rights that protect you, from the right to counsel to the right to remain silent to the right to a jury, all fall under the umbrella of “due process.” It is “due process” that is designed to protect criminal defendants from passion and prejudice and ensure every individual who faces prosecution by the state has the ability to mount a full and complete defense.
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