6 Legal Rights of the Accused in Criminal Case

No matter what law is there to protect your rights and even if you are accused of a crime, the law has laid down some specific laws that protect your rights. Finding a person guilty of a crime is serious business and therefore, the constitution gives you the following rights,

In case of criminal proceedings:

  • Innocent Until Proven Guilty: In our criminal justice system, the presumption of innocence is one of the most fundamental rights. This implies that the defendant is not required to prove his innocence.. The prosecutor, who is the state’s lawyer, must demonstrate to the court or the jury that the defendant has committed the crime and convince it. It is the responsibility of the prosecutor to prove the defendant guilty “beyond a reasonable doubt” the accused is guilty. When the proceedings are completed, the procurator must be declared not guilty if there is insufficient evidence or if there are reasonable doubts between the judge or the jury if the defendant is guilty of the crime.
  • Right for Due Process: The 5th and 14th amendments stipulate that without due process, the State may not deprive a person of ‘life, freedom or property.’ The Fifth Amendment also calls for the grand jury to prosecute most sorts of offenses. This demands that the State keep clear criminal proceedings and assures that without such proceedings the State cannot prosecute someone for a crime.
  • Prompt Trials: The basic principle underlying the right to a prompt trial is that someone should not live with the fear of prosecution for an extended period. They should also not be held for an undue period while awaiting trial. The aim is to guarantee that individuals accused of crimes do not lose the chance of living life for longer than is needed, particularly if they are finally found not guilty.
  • Right to be Informed of Evidence: The accused has the right to defend themselves from an accusation of crimes. They are entitled to know the evidence against them to prepare a fair defense. The prosecutor shall tell the accused before the trial begins of all the evidence against the accused and the identities of the witnesses who will bear testimony.
  • Right to be Represented by Counsel: In the Constitution, everyone charged with a crime has the right to have a lawyer to defend themselves against such allegations. They also have the right to have a lawyer present at any moment when an interrogation is being conducted by or with any other officials.
  • Confrontation of the Witnesses: Under the sixth amendment, an accused criminal must have the right to “confront his witnesses.” Usually, it implies that the State should provide all evidence, including witnesses’ testimony. It shall make use of it to demonstrate guilt in the open court and to offer the chance to interrogate witnesses and challenge them.

Criminal defendants in North Dakota require assistance from an experienced Criminal Lawyer with a thorough knowledge of the state’s legal system. Audrey Law Firm has high experience in protecting the rights of criminal defendants. Contact Us today to get a consultation for your case.