Criminal Process in California

When it comes to the criminal justice process, there are many rights afforded to the defendant, including: the right to be informed of the nature of the complaint, the right to counsel, right against self-incrimination, right of due process, right of confrontation and the right to a speedy and public trial.

Rights for Criminal Defendants: Attorney Robert Brownlee

When the accused is brought before the judge after an arrest, he should be informed about the nature of the complaint. The explanation should be in simple and plain language so that the allegations are easily understood. At the same time, the judge should also inform the defendant about potential penalties if conviction. Under the U.S. Constitution, persons charged with a crime are entitled to counsel. And if a person is financially unable to retain counsel, one shall be provided for them. The right to counsel extends to every stage in the criminal process, including the preliminary examination. At the same time, defendants have the right to refuse court-appointed counsel and the right to represent themselves.

The Fifth Amendment of the U.S. Constitution states that no individual shall be compelled to be a witness against himself in a criminal case. Typically, the defendant is asked questions to ensure that they understand this right. It’s also part of the read Miranda Rights when arrested. Defendants and their attorneys have the right to review that state’s evidence at each stage of the trial in order to determine if the evidence can be submitted without a violation of the self-incrimination law.

The Fourteenth Amendment of the U.S. Constitution states that a person cannot be deprived of life, liberty or property without due process of law. It is a provision to ensure that the defendant receives fairness that meets the concept of justice. Due process should be dominant in every criminal court proceeding. Defendants also have the constitutional right to confront and cross examine witnesses. The Sixth Amendment provides the accused in criminal trials the right to a speedy and public trial. It affords unreasonable delay of a trial.

Protecting Clients’ Rights: The Law Office of Robert Brownlee

If you’ve been charged with a crime, turn to attorney Robert Brownlee to ensure that your constitutional rights are protected and upheld. As a strong legal advocate on your behalf, he will fight for justice on your behalf.