Know Your Rights!

These are three important Constitutional Amendments to the United States Constitution that protect a person who stands accused by the Government of having committed violations of criminal law. They can become meaningless if the accused is not represented by an experienced criminal trial lawyer who aggressively represents and competently counsels the criminally accused during this most critical time. The single most important factor in determining what may happen during the rest of a criminal defendant's life is the person they choose to represent them in court.

Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The Fourth Amendment provides general protections against arbitrary search and seizure of persons and property. While there are many exceptions to the Fourth Amendment "warrant requirement," it does provide broad protection of the general public from inappropriate police conduct.

Fifth Amendment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The Fifth Amendment provides a number of protections that we take for granted. The protection against "double jeopardy" (being tried more than once for the same offense) arises from this Amendment. Similarly, the right to remain silent emerges from a defendant's Fifth Amendment right not to be compelled to be a witness against himself. The Fifth Amendment also provides a broad right to "due process of law." Your "Miranda Rights" come from the Fifth Amendment.

Sixth Amendment

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

The most important Sixth Amendment rights for criminal defendants are the right to assistance of counsel, the right to compel witnesses to appear at trial, the right to cross-examine ("confront") witnesses at trial, the right to trial by jury, and the right to be informed of the nature of the charges that have been filed against you and of potential punishments. Also of significance is the right to a speedy trial which, although frequently waived by defendants, prevents the state from incarcerating defendants for years while their trials are perpetually delayed - a problem that is common in some other countries.