Rights of a Criminal Defendant

Individuals who are facing criminal charges have a number of key rights that must be
honored throughout the process. By being aware of this information, criminal
defendants can take necessary steps to protect these important rights.

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1. Miranda Rights--Many people are familiar with Miranda Rights, which are a set of
rights that police give individuals at the time that they are arrested or prior to
questioning. These rights must be read to the person. They include the right to avoid
self-incrimination and the right to seek legal counsel. Some jurisdictions allow police
officers to provide these rights in a written form that the defendant signs
acknowledging that he or she was made aware of the rights. 
Miranda rights only apply:

2. Right to be Free from Self-Incrimination: Amendment to the United

States Constitution gives criminal defendants the right to avoid answering any
questions that would incriminate them. This right applies at police interrogations as
well as at trial. If this right is asserted at trial, the jury is instructed that it cannot use
the defendant’s refusal to testify as evidence of the defendant’s guilt. Similarly, a
criminal defendant does not have to take the stand and testify on his or her own
behalf in most cases. 

3. Presumption of Innocence: In the United States, there is a presumption of

innocence. This means that every criminal defendant is presumed to be innocent
until he or she has been proven guilty a
. A juror should not step into a case with a preconceived notion
of the defendant’s guilt and must be able to objectively weigh the evidence laid out
against the defendant. 

4. Right to a Speedy Trial: Defendants also have the right to a speedy trial. There
are various statutes of limitations in place that impose a time restriction on the
prosecution. If this time limit expires, the prosecution is barred from bringing charges
against the defendant. In NC: SOL on Misdemeanors is 2 years. SOL on
Felonies. Speedy trial is pretty toothless in NC until after 1 year has passed and you
are in custody.

5. Due Process of Law: The Constitution also protects individuals from the loss of
life, liberty or property without due process of law. This includes a notification of the
charges that someone is facing. Additionally, this requires a hearing of some nature
when these rights are in jeopardy. Due process is a concept that is communicated in
the 5th Amendment to the United States Constitution. In essence, due process gives
individuals the right to be heard. Due process of law also provides for the following of
certain procedures, such as the right to call witnesses to support their case and
defense, the right to present evidence in court and the right to testify. 
6. Equal Protection: The 14th Amendment provides that citizens will receive equal
protections of the law. This prohibits preferential treatment. It prohibits giving a
criminal defendant a harsher sentence due to his or her , , or
.

7. Right to Confront Accuser: A criminal defendant has the right to confront his or
her accuser. He or she can cross-examine any witness who speaks against him or
her, including the victim. 

8. Trial By Jury: Citizens are afforded the right to have a trial by jury of the
defendant’s peers. Jurors are impartial citizens from the community. Through the
process of voir dire, jurors are removed who may be , or have a
conflict of interest or other characteristic that would make him or her unable to be fair
and impartial. 

9. Freedom from Double Jeopardy: Double jeopardy occurs when a person is

charged more than once for the same crime. This right is afforded under the 5 th
Amendment to the United States Constitution. However, this right does not prevent
the federal government from bringing similar charges under a federal crime when the
state has already brought charged based on a state crime.

10. Right to be Free from Excessive Bail: Another constitutional right that criminal
defendants have is the right to be free from excessive bail. This does not mean that
bail must be an amount that the defendant can actually afford. Instead, judges are
supposed to consider the severity of the charges the defendant faces and flight risk
when setting bail. 

11. Right to Legal Counsel: The 6th Amendment to the United States Constitution
gives criminal defendants the right to a lawyer during their criminal proceedings, from
the to the of a criminal case. If a person cannot
afford to hire a private lawyer, a lawyer can be appointed by the court. A criminal
defense lawyer can explain the criminal procedure and give the defendant
information about what to expect. He or she helps negotiate a plea agreement that is
to the defendant’s benefit. He or she presents a legal defense that is based on the
circumstances of the case and that protects the defendant’s criminal rights.

THE BIG IDEA: YOU HAVE RIGHTS!

If you encounter police, be BUT don’t be afraid to say,

“I want a !”