When a society and its government decide that certain conduct is dangerous to citizens, or damaging to the society as a whole, such conduct is labeled a "crime" and is made punishable by sanctions such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. For example, a city may determine that it is a crime to be drunk in public, while the federal government decides bank robbery is a federal crime, since most banks are federally insured.
Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment.
The law may seem tricky at first glance - that is why the defendant has certain rights, the paramount one being the right to retain an attorney. The defendant is guaranteed the right to legal representation, whether the attorney is appointed for the defendant or the defendant hires a private attorney. Another important right is the right to present his case. The right to a fair and speedy trial and the right to be provided a specific statement of the charges are two other very important rights of a defendant.
Constitutional rights of those charged with crimes
1. Right to counsel (attorney) 2. Right to cross examine and confront witnesses 3. Right to testify on one's own behalf 4. Right to remain silent 5. Right to speedy trial 6. Right to use courts subpoena power to compel witnesses to testify 7. Right to a jury trial (in most cases) 8. Right of presumed innocence
Since its inception, the United States has been unique in its concern for fairness and justice in the legal process. Every single citizen and legal resident of the U.S. is guaranteed certain rights under the Constitution. Even those accused, charged, or convicted of a criminal offense still retain legal rights. In the event that these rights are violated at any point in the proceedingsfrom the arrest to the trialthe outcome of a criminal case can, and usually will, changeoften in favor of the defendant.
If you or someone you know has been charged with a crime, it is vital to consult with a trusted criminal attorney who has extensive experience protecting defendants rights.
Important Rights of the Criminally Accused
Individuals who have been accused or charged with a crime have various legal rights, five of which are extremely important and should always be invoked. They include:
- Defendants Right to an Attorney Every defendant has the right to obtain legal counsel. If an individual cannot afford an attorney, the court must appoint one at no cost. A defendant can also choose to represent him/herself in court, which is NOT recommended.
- Defendants Right to a Jury Trial All individuals charged with crimes have the right to a fair, public, and speedy trial. Furthermore, they are presumed innocent unless proven guilty beyond a reasonable doubt by 12 impartial jurors.
- Defendants Right Against Self-Incrimination A defendant has the legal right to remain silent to prevent self-incrimination. Defendants are also legally eligible to testify on their own behalf.
- Defendants Right to Confront Witnesses An individual has the right to question and cross-examine every witness that testifies against him/her in trial.
- Defendants Right to Produce Evidence A defendant may present his/her evidence to the court or file a motion requesting a subpoena to call forth all witnesses and evidence that could favorably determine the outcome of the case, at no cost.
If you are facing criminal charges, dont risk your rights or liberty. Feel free to contact the qualified Houston criminal defense attorneys who will work vigorously to ensure your legal rights and interests are fully protected at every step of the legal process. To obtain a conviction, the prosecution must prove every element of the crime beyond a reasonable doubt (an element is to a crime what an ingredient is to a recipe). A strong suspicion that you committed a criminal offense is not enough to convict. The best Houston criminal attorney should investigate the facts of your case and present evidence to challenge allegations made against you with the goal of successfully defending you against all of the charges.
I am committed to protecting the rights of my clients. I have handled nearly all types of criminal cases, from the most serious felonies to misdemeanor offenses. Whether you are facing a serious felony or a misdemeanor, I am fully committed to defending your rights.
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