When a person is arrested, they are given certain rights by the 6th amendment of the Bill of Rights. This can be broken down into five parts
which protect the accused. These rights are partially laid out in the
Miranda Rights given by an arresting officer but will be fully explained here.
The first right is to a prompt criminal trial. Infractions of this right
are considered by four separate factors; the reasons for the postponement,
the length of the postponement, the effects of the postponement on the
perceived guilt of the accused, and whether the defendant has asserted
the right to a speedy trial. If it is determined that this right has been
infringed then the criminal charges can be dismissed.
The second right is the right to an impartial jury. This impartiality will
ensure that the trial and subsequent sentence are delivered fairly and
without prejudice. This right also guarantees that the jury members will
represent a fair selection of the community. In the jury selection process,
both the defense and the prosecution will interview potential members
and determine if any bias exists.
The third provides that the accused will be presented with their criminal
charges. This is provided by an indictment in a felony case or an information
in a misdemeanor case. In each case, the charges are specifically outlined
aloud in court.
The fourth is the Confrontation Clause, which means that the defendant
will be allowed to cross-examine all witnesses. This prevents rumors and
hearsay accounts to affect the outcome of a trial. The defendant is also
allowed to bring witnesses to their benefit.
The last is the right to an attorney. If you have been charged with a crime,
then don’t wait to secure counsel.
Contact an experienced criminal defense attorney in San Antonio who can protect your rights.