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Your Rights in a Criminal Case

Your rights in a criminal case are very important and when violated can be a way to defend a client from proesecution. When you are accused of criminal charges from the state of Georgia, you are still entitled to certain legal rights and protections that are in place to protect citizens of Georgia from unlawful or overzelous or vindictive prosecution. As “frustrating “annoying” it may be for certain types of police officers or prosecutors, they cannot run rampant over your rights in a criminal case. The lawyers at Savannah’s criminal defense law firm Phillips Carson Phillips know your rights and will use them to protect you from an unjust outcome.

rights in a criminal case of an arrested person

The United States Constitution and state and federal laws guarantee the rights of American citizens accused of a crime to be treated with fairness and justice. In this blog, we provide an overview of your rights in a criminal defense case. With this information, you can make informed decisions about how to proceed with your case.

Your Rights Under the Constitution

The Sixth Amendment of the U.S. Constitution guarantees certain rights in criminal cases, including the right to be informed of the charges against you, the right to confront witnesses, and the right to have an attorney represent you at trial. Additionally, there are various other protections afforded by state law, such as pre-trial motions and evidence rules. Knowing what these rights are and how they apply in your case can help ensure that your constitutional rights are respected throughout the proceedings.

Due Process

The most fundamental right afforded by the U.S. Constitution is that of due process – which entitles every person accused of a crime to be treated fairly throughout the criminal justice process. This includes being presumed innocent until proven guilty beyond a reasonable doubt; having access to all evidence used against them; receiving notice of all court appearances; having access to legal counsel; and being protected from double jeopardy (being tried twice for the same offense).

Miranda Rights

It is also important for defendants in criminal cases to understand their Miranda Rights – which include having the right to remain silent when questioned by police officers or other law enforcement agents and having any statement made during such questioning not used against them in court proceedings unless it was done voluntarily without coercion or threats from any law enforcement agent involved in their arrest or detention process. Understanding these rights is especially critical if you are arrested or detained by police officers or other law enforcement agents since anything said during this time could potentially be used against you in court proceedings.

Having Your Attorney Present

All defendants have the right to have an attorney present at all stages of their criminal proceedings; this includes pre-trial hearings and any appeals made after sentencing has been rendered by a judge or jury. If you cannot afford an attorney on your own, one may be provided for you free of charge through public defender services available.

Contact a Savannah Criminal Defense Attorney

There are many defenses available to those who have been accused of a crime. While there are no guarantees that the outcome of your case will be favorable, an attorney can help you develop a solid defense and present the best possible argument legally in your case. Contact Phillips Carson Phillips by calling (912) 232-0081 or using our online contact form to schedule a free consultation today.