Now, more than ever, it’s important for you to know that the United States Constitution grants all people with certain rights under the Bill of Rights and several amendments. Individuals are provided these basic protections while moving through the criminal justice process and any breach of these rights may result in a mistrial or dismissal of your case.
First and foremost, the prosecution must prove beyond a reasonable doubt that the defendant is guilty of the offense they’ve been charged with in order to convict and sentence the individual for a crime.
or let experienced Houston criminal defense attorney Neal Davis today explain your rights and fight to ensure you receive a fair trial.
Under federal law and rulings in historic cases, the United States Supreme Court has granted criminal defendants a number of fundamental rights. Some of these rights are read to a person upon being arrested. These are known as the Miranda Rights and the arresting officer must inform the individual of the following:
1. You have the right to remain silent.
2. Any statement you make can and will be used against you in court.
3. You have the right to have an attorney present.
4. If you cannot afford an attorney one will be provided.
These and other criminal defense rights of Texans and all Americans are detailed in the fourth, fifth, sixth and eighth amendments of the U.S. Constitution:
Right to probable cause for searches & seizures. If law enforcement or the prosecution obtains evidence against you illegally, then that evidence will not be admissible in court.
The Constitution requires probable cause to be established before searches and seizures, and defendants can dispute the charge if they believe a search and seizure was unreasonable.
Just because you are guaranteed adequate representation doesn’t mean the legal counsel assigned to your case is perfect. Court appointed attorneys often have heavy caseloads and are more likely to make a mistake. You’ll need to hire an experienced criminal defense attorney to secure the best possible outcome in your case.
Other rights granted to criminal defendants include the right to be told what offense you are being charged with, to appeal to a higher court if convicted and to go before a grand jury in federal felony cases.
Simply put, as soon as possible. Criminal proceedings are very complex. If you or a loved one have been charged with a crime in Texas, contact Houston criminal defense attorney Neal Davis immediately. Neal has spent nearly 20 years skillfully defending the constitutional rights of his clients by fighting for a fair trial and the best possible outcome. He has even taken cases before the Texas Criminal Court of Appeals and the U.S. Supreme Court.
Don’t leave your case up to chance. Schedule a free consultation with the Neal Davis Law Firm today to discuss your legal rights.
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