18 Nov What Is Due Process, and How Does It Affect a Criminal Case?
Due process is one of the few topics that the United States Constitution covers twice. Both the Fifth and the Fourteenth Amendments state that in criminal cases, the federal government will not deprive someone of their “life, liberty, or property without due process of law.”
The due process clause is used to ensure that every state follows the same procedures for all its citizens. Understanding due process can help you better understand your rights under Arizona law. Let’s take a closer look at how due process works in criminal cases.
How Due Process Protects Your Rights
Due process is used to ensure that the justice system acts fairly and within the scope of the law. Due process protects citizens from discriminatory actions and is mean to ensure equal treatment for all.
Under due process, you have the right to:
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- Be notified of the charges against you—To be charged with a crime, you must be notified before being subjected to a trial.
- Be informed of your rights—The arresting law enforcement officials must inform you of your rights.
- Counsel—You are legally entitled to an attorney. If you cannot afford one, the court must appoint one for you.
- Remain silent—Due process protects your right to remain silent so you do not incriminate yourself.
- A speedy trial—Your trial cannot be needlessly postponed or dated for an unreasonable amount of time.
- A public trial—The trial may not be held in secret or closed to the public (there are a few exceptions to this right).
- A fair trial—Due process protects you from unlawfully seized evidence or unlawfully obtained confessions. It also includes your right to cross-examine witnesses.
- Fair sentencing—You have the right to not be subjected to cruel and unusual punishments.
- Appeal—If your trial was unfair, if your rights were violated, or if you disagree with your verdict, due process protects your right to appeal in certain circumstances.
How Due Process Affects a Criminal Case
Due process not only protects your rights, it also holds the governing body liable if your rights are violated. There are two ways this can help your case.
Charges Revoked
If it has been found that your due process rights have been violated, then a judge may throw out the charges. This means you are no longer being charged with a crime, and no longer need to go through a trial.
Judgements Voided
If, after a trial, it is found that your rights were violated, the judgment on the trial is voided. This means there is no longer a verdict against you. However, there is also the possibility that you may be re-tried, and as long as your rights are not violated once more, that judgment will stand.
Certified Criminal Defense Lawyer in Arizona
If you are being charged with a crime, hiring a certified criminal defense attorney is an important step in building the best defense. Your lawyer will defend your rights, and if any of your rights were violated, they will use due process to get your case dismissed.
Todd Coolidge has over 25 years of experience in the Arizona justice system and holds the belief that every case matters. Contact us today for a consultation on your case.
Images used under creative commons license – commercial use (11/18/24). Photo by Dmitrij Paskevic on Unsplash.