Your Constitutional Rights in Criminal Cases

The United States Constitution guarantees certain fundamental rights to individuals accused of crimes. Understanding these rights is essential for anyone who may encounter the criminal justice system.

Fourth Amendment: Protection Against Unreasonable Searches

The Fourth Amendment protects against unreasonable searches and seizures. Generally, law enforcement must obtain a warrant based on probable cause before searching your person, home, or property. However, several exceptions to the warrant requirement exist.

Fifth Amendment Rights

The Fifth Amendment provides several protections, including the right against self-incrimination (the right to remain silent), protection against double jeopardy (being tried twice for the same offense), and the right to due process of law.

Sixth Amendment Rights

The Sixth Amendment guarantees the right to a speedy and public trial, the right to an impartial jury, the right to be informed of charges, the right to confront witnesses, and the right to legal counsel.

Miranda Rights

Before custodial interrogation, law enforcement must inform you of your Miranda rights: the right to remain silent and the right to an attorney. If these warnings are not given, statements made during interrogation may be inadmissible in court.

Right to an Attorney

You have the right to an attorney at all critical stages of criminal proceedings. If you cannot afford an attorney, the court will appoint one to represent you. This right is fundamental to ensuring fair treatment in the justice system.

Presumption of Innocence

A fundamental principle of the American justice system is that defendants are presumed innocent until proven guilty. The prosecution bears the burden of proving guilt beyond a reasonable doubt.