Every individual facing criminal charges has certain rights that must be respected. If you are being accused of a drug-related crime, as the defendant it is important that you make yourself aware of your rights during the trial. Contact a New City drug possession crime defense lawyer for more information.
What Rights Does a Defendant Have During a Drug Case?
Individuals who have been convicted of a drug-related crime will likely find themselves in court. A criminal trial can be intense and time-consuming. During the arrest, investigation, and trial, criminal defendants are guaranteed certain rights that protect them from unjust treatment.
The following are rights that defendants in drug cases are entitled to.
- The presumption of innocence. In any criminal case, the defendant is considered innocent until proven guilty. They have the right to be treated as innocent until the prosecution proves to the jury beyond reasonable doubt that they committed the crime.
- Right to remain silent. The Fifth Amendment grants individuals the right to remain silent. They do not have to speak during their arrest, the investigation, or the trial. They cannot be forced to testify or act as a witness against themselves because they are protected from self-incriminating.
- Right to a public trial by jury. Individuals are granted the right to a speedy and public trial decided upon by a jury of their peers. They cannot be forced to wait unreasonable lengths of time for their court date, particularly when they are being detained. Additionally, in a public trial, it is important to have witnesses and ensure that the proper procedures are being followed. Jurors must be selected from the community and should not have any biases either in favor of the defendant or the prosecution. This ensures that a fair decision can be made based solely on the facts presented.
- Right to be represented by an attorney. The Sixth Amendment provides criminal defendants with the right to adequate representation. They can hire their own lawyer or be appointed one by the judge if they cannot afford it.
- Right to not be tried twice for the same offense. This law, known as double jeopardy, is established by the Fifth Amendment and states that no person will be subjected to a trial twice for the same offense. If an individual is found not guilty they cannot be tried again in hopes of a guilty verdict.
Contact a Criminal Defense Attorney
It is important that you understand your rights during a criminal trial. If your rights are violated it can severely impact your case and even result in a wrongful conviction. Your attorney will help evaluate the details of your case, determine an effective defensive strategy, offer advice about the legal process, represent you in court, and ensure your rights are protected. Reach out to an attorney at the Law Office of Kevin T. Conway to obtain skilled representation.
