“Wait, What Are My Rights Again?”-10 Rights You Have As An Accused

By: Gregory Rollins
June 1, 2020
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“Wait, What Are My Rights Again?”-10 Rights You Have As An Accused
In our country, people accused of a crime by the government have rights. These rights exist to protect the accused, but they won’t do you any good unless you know them and exercise them. Here are 10 rights of an accused:
- The right against self-incrimination.
The 5th Amendment says that no person “shall be compelled in any criminal case to be a witness against himself.” What this means is that a person cannot be forced to testify against himself or be forced to make any statement which might incriminate himself. - The right to due process.
The 5th Amendment says that no person shall “be deprived of life, liberty, or property, without due process of law.” What this essentially means is that the trial process (adjudication process) for a crime must be fair and impartial. - The right prohibiting double jeopardy.
The 5th Amendment says that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” What this means is that a person cannot be tried more than once for the same crime. Once a person is acquitted (found not guilty) of a crime, they cannot be prosecuted ever again even if new evidence becomes available or they later admit to the crime. - The right to a speedy trial.
The 6th Amendment says that in all criminal prosecutions, the accused shall have the right to a speedy trial. What this means is that the government must begin your trial within a set time period, or the case is dismissed. - The right to a jury trial.
The 6th Amendment says that in all criminal prosecutions, the accused shall have the right to a trial by jury in the district where the crime was committed. What this means is that the accused has the benefit of letting the public decide the case, not agents of the government who may decide the case how the government tells them to. - The right to be informed of the charges against you.
The 6th Amendment says that in all criminal prosecutions, the accused shall “be informed of the nature and cause of the accusation.” What this means is that the government cannot charge you with a crime without letting you know what those charges are, thus giving the accused an ability to defend against those charges. - The right to confront witnesses against you.
The 6th Amendment says that in all criminal prosecutions, the accused shall have the right “to be confronted with the witnesses against him.” What this means is that the government cannot try you for a crime without bringing witnesses who saw the alleged crime into court. This gives the accused an opportunity to determine how accurate or honest these witnesses are. - The right to an attorney.
The 6th Amendment says that in all criminal prosecutions, the accused shall have the right to “the Assistance of Counsel.” What this means is that everyone charged with a crime has the right to have an attorney defend them in court. - The right to compel witnesses to testify on your behalf
The 6th Amendment says that in all criminal prosecutions, the accused shall have the right to a “compulsory process for obtaining witnesses in his favor.” What this means is that everyone charged with a crime has the right to subpoena witnesses that might provide evidence showing that the government’s charges against the accused are not valid. - The right prohibiting excessive bail and cruel and unusual punishment
The 8th Amendment prohibits excessive bail and infliction of any cruel and unusual punishments. What this means is that everyone charged with a crime has the right to a reasonable amount of bail so that they can bail out of jail while they await trial. In addition, the prohibition against cruel and unusual punishments protects those convicted of a crime from suffering sadistic or unjust punishments for their wrongdoing.
Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused, provide meaningful legal advice to his clients, and to fight for the best possible outcome for every client in every case. If you or a loved one has been charged with a crime, it is important to make sure that your rights (or those of your loved-one) are protected.
Contact criminal defense attorney and former prosecutor Gregory Rollins to set up a free consultation.