The Rights, Liberties, and Protections of an Accused Person

Criminal cases have evolved since the formation of the United States, with accused people receiving more rights, protections, and liberties against an oppressive, leading, or one-sided trial. Several Amendments have enabled defendants to protect themselves against unwarranted, unfounded, or forced confessions and mistrials.

You should understand and request these liberties if you ever find yourself in a criminal proceeding against the State.

Representation
Every accused person should have access to an attorney that does not discriminate against them or side with the prosecution. The Sixth Amendment requires states to provide lawyers for defendants who cannot afford one. Therefore, the defendants should get access to counsel if they cannot afford an attorney on their own so they can participate in a court proceeding if they desire one.

Fair representation offers defendants adequate consultancy with their attorneys, who can explain the legal concepts and approaches towards safeguarding the defendant's innocence.

Transparency
The accused has the right to information related to the charges against them. Transparency allows for a better comprehension of the charges filed against the accused. In many cases, it can help avoid future injustices because people will be aware of their provided rights and insist on utilizing them.

Transparency also helps ensure fairness in the legal process. A court should not charge someone with a crime or sentence them based on circumstantial evidence alone. Access to all evidence guarantees that the defendant's team can analyze its legitimacy. If the defendant knows of all evidence presented against them, they will have an easier time defending themselves.

Transparency ensures that only ethical prosecutors and judges who can make informed decisions participate in the suit.

Self-Preservation
An accused possesses the right to withhold any information that might rightfully or wrongfully incriminate them. Among the rights your arresting officer will pronounce to you, the right to remain silent is the most significant allowance you can receive to defend yourself.

Therefore, the defendant has the legal right to only provide any information that identifies them and can insist on the presence of a lawyer during an interrogation, plea hearing, and court proceeding. The importance of legal representation is the fair opportunity to only talk based on the consultation provided by your attorney.

Dignity and Equality
A court of law must ensure that defendants have access to counsel or other legal representation regardless of race or ethnicity. Additionally, the prosecution team cannot use violent or misleading investigations to entrap the defendant. The court or any judicial official should not accept evidence or prosecute a case in which the defendant's dignity was a controversial issue.

For example, a prosecutor or investigator cannot allude to the defendant's demographic qualities as the primary reason for prosecution. Any marginalized group cannot be put on trial if the basis of their guilt is their characteristics and not their actions.

Impartiality
An accused must receive fair treatment, with the burden-of-proof lying with the prosecution team alone. The American Constitution provides that the court must presume an individual's innocence until proven guilty. Therefore, the government must prove a person committed a crime before punishing them.

The Fifth and Fourteenth Amendments protect the right to due process of law, which includes the right to a fair and impartial trial. The Sixth Amendment grants the right to a speedy and public trial by an impartial jury for a criminal case. The Seventh Amendment protects the right to a jury trial in civil cases. These Amendments ensure the accused does not encounter an unfair justice system.

Every defendant in a criminal case enjoys the rights and freedoms the American Constitution provides for them, regardless of their socioeconomic status, political beliefs, or cultural identity. Therefore, you should understand these rights to protect yourself better if you ever fall under an investigation or criminal proceeding.

Contact Hoffman & Hoffman for legal representation and counsel if you reside within Topeka or its surrounding areas.