Being arrested and accused of a crime can be overwhelming. Although you may feel like you are already a criminal, until you have been convicted you are considered free and innocent. Defendants in a drug trial are entitled to a multitude of rights that ensure fair treatment and due process. If you are facing charges related to a drug crime contact an experienced Marquette drug lawyer for legal advice and representation.
What Constitutional Rights Do Criminal Defendants Have in a Drug Trial?
One of the most important rights that any defendant has in a criminal trial is the presumption of innocence. This is a crucial legal principle in the United States. Under this law, anyone accused of a crime is presumed innocent until the prosecution has proven them guilty beyond a reasonable doubt. While this is one of the most notable rights that criminal defendants have, there are several more that provide them with various protections.
The first ten amendments to the U.S. Constitution make up the Bill of Rights. Several of these amendments state various rights that criminal defendants are entitled to. A defendant in a drug case would benefit from the following rights.
- The Fourth Amendment protects individuals from unreasonable searches and seizures. Under this law, no law enforcement officer or government agent can search or seize a person’s property without a valid search warrant, probable cause, or verbal consent from the owner.
- Criminal defendants are also given the right to remain silent. This law allows them to avoid self-incrimination. They cannot be forced to speak during an arrest, testify during their trial, or act as a witness against themselves.
- The right to an attorney is granted by the Sixth Amendment. While individuals can hire their own representation, a lawyer can be appointed by the judge if they cannot afford to do so. Having representation is important to allow a fair trial.
- In a drug case, defendants are always granted the right to a trial by jury. This jury is typically 12 people and is made up of unbiased peers. This ensures a fair outcome based on the evidence presented and no outside prejudices.
- Defendants are also granted the right to a speedy and public trial. It’s important that the defendant is not forced to wait unreasonable lengths of time to find out the verdict of their situation. Allowing them the right to a public trial also allows the general public and their family and friends to bear witness. The public nature ensures that proper laws and procedures are followed.
- The Eighth Amendment grants defendants the right to avoid excessive bail. Oftentimes individuals arrested for a crime must pay to be released from detainment while waiting for their trial. The court cannot set excessive or unfair bail based on prejudices or personal feelings.
Criminal defendants in a drug case are afforded a variety of rights. Contact a skilled attorney to learn more and obtain representation during your case.
