If you are charged with a crime in the State of Texas, all the rights that you are entitled to fall under the overarching category of due process.
This due process is designed to protect you as a criminal defendant from an overzealous prosecution and prejudice, and the overall goal is to ensure that everyone who faces prosecution in the state and the federal level has the ability to mount their most complete defense.
One of the most important steps you can take in the protection of your rights as they relate to due process is consulting with an experienced Round Rock criminal defense attorney early on.
Due Process Defined
Due process refers to using fair and systematic procedures in the administration of justice. Due process is intended to protect citizens against the arbitrary administration of justice by the government.
For example, the police can’t simply arrest you, throw you in jail, and throw away the key. On the way toward your case’s finalization – if there is a case against you at all – you’re entitled to a wide range of protections that are referred to as due process.
In essence, due process means that the government can’t make up the rules willy-nilly or as they go along. Instead, the Constitution includes important protections, and due process helps to ensure that these protections are upheld for every defendant in every criminal case.
Fifth Amendment Protections
Due process is addressed first in the Fifth Amendment, which ensures that no one shall be deprived of life, liberty, or property without due process of law. This means that the government can’t throw you in jail, can’t sentence you to death, and can’t take your home away from you without going through the necessary legal channels, which are exacting.
The Fifth Amendment backs these protections up by specifying each of the following:
You have the right to have a jury trial if you are charged with a crime.
You have the right not to be subjected to double jeopardy – which means you can’t be prosecuted for the same offense twice.
You have the right to protection from self-incrimination, which is addressed in your right to remain silent and to pleading the Fifth.
You have the right to a fair trial.
Due process in relation to the criminal justice system is multi-layered, and when a defendant is deprived of any element of due process, the prosecution’s fairness and constitutionality come into question. When a defendant can prove that their right to due process was compromised, the charge against them can potentially be thrown out on these grounds.
If you’re facing a criminal charge of any kind, you’re entitled to due process, and a trusted criminal defense attorney will spare no effort in their quest to ensure that this right isn’t infringed upon.
Fourteenth Amendment Protections
The Fourteenth Amendment ensures that those protections afforded by the Fifth Amendment are also upheld at the state level. This looks back to that right not to be deprived of life, liberty, or property without due process in relation to state laws.
Sixth Amendment Protections
The Sixth Amendment continues on with the theme of due process by extending specific rights to criminal defendants, including:
You have the right to a public trial
You have the right to an impartial jury
You have the right to be fully notified of the charges brought against you and of the grounds for bringing them – along with the right to have the charges explained to you in a manner that you understand.
You have the right to legal counsel.
You have the right to confront and cross-examine anyone who testifies against you.
You have the right to have witnesses who can testify favorably on your behalf be compelled by the court to appear.
These rights go further and include all the following in relation to the case against you:
You have the right to receive any evidence that the prosecution has against you as well as any evidence that speaks to your innocence.
You have the right to create a record that can be reviewed upon appeal.
You have the right to present evidence and to call witnesses on your own behalf.
You have the right to have the jury’s decision based solely on the evidence presented to them in court.
You have the right to review or appeal the jury or the judge’s decision.
Protecting Your Right to Due Process
Your right to due process is well worth protecting, and fortunately, there are several steps you can take to help you achieve this goal, including:
If you know you are under investigation or think you might be, it’s important to keep in mind that you have rights prior to arrest – if it is forthcoming. In fact, it’s never too soon to reach out for the professional legal counsel of a practiced criminal defense attorney.
Do not consent to a search of your home, your business, your car, or your person if the police do not have a warrant specifically giving them the right – or don’t have the right through some other means. If the police ask, the correct response is no, thank you.
If the police do have a search warrant, don’t provide them with any more leverage than is specifically stated in the warrant. In other words, don’t provide additional information and don’t allow them to search beyond the parameters set by the warrant simply because they have the right to do a limited search.
If you are under arrest or being detained and questioned, it’s time to invoke your right to an attorney and to remain silent. Other than providing the police with basic identifying information, your comments should be restricted to "I want an attorney."
Finally, it’s important to note that you should never resist arrest – even if you believe the arrest is in clear violation of your right to due process. That is a matter for your seasoned criminal defense attorney to address at another time.
The bottom line is that the police have a job to do, and the goal is doing it as safely as possible, which includes looking out for their own safety, the safety of the person being arrested, and the safety of any bystanders.
This means that, if you resist arrest, they’ll need to take the steps necessary to keep the situation as safe as possible for all involved, which likely means all the following for you:
You’re the person who is most likely to be hurt.
You will not help your case and are likely to make things much worse for yourself.
The court reviewing your case will take a very dim view of your actions – regardless of whether or not your due process rights are ultimately determined to have been violated.
Resisting the police is always a bad idea.
How a Dedicated Criminal Defense Attorney Can Help
When it comes to protecting your right to due process, the legal intricacies are as complicated as they are important, but your savvy criminal defense attorney will be well prepared to help in all of the following important ways:
Helping you maneuver the pre-arrest stages in the protection of your civil rights
Being by your side during any interrogations or interviews – and advising you when it’s in your best interest to remain silent, which may be throughout the entire process
Skillfully representing you in the event the police execute a search warrant on your home, office, or any other space in which you have a reasonable expectation of privacy
Appearing with you at your arraignment in court – and ensuring that the process is in accordance with your right to due process in relation to the charge brought against you and in relation to you entering a plea
Fiercely advocating on behalf of your rights as you move through the pretrial process – where there are many opportunities for infringements to happen
Guiding you effectively and efficiently through the trial process in pursuit of fair dealings, which can extend to the appeal stage – as applicable.
Why Due Process Matters
Due process represents the important premise that all defendants have the right to be treated in accordance with the law, which translates to receiving fair, impartial treatment. While every criminal case involves its own unique circumstances and follows its own unique path, due process ensures that the law is applied consistently and fairly to each one.
Due process also applies when it comes to interpreting the law, which can play a major role in the outcome of your case. For example, when a law is written in vague terms that make it difficult to determine the meaning, the law itself can violate due process requirements.
Vague laws make it difficult for citizens to obey them, which sets people up for failure and isn’t in keeping with our criminal justice system’s intent.
FAQ
The answers to some of the questions that we field most often on the topic of due process may help you with your own.
What does due process mean?
Due process refers to our rights as citizens in terms of the government’s reach. In relation to criminal charges, it sets the ground rules for helping to ensure that all cases are treated impartially and fairly by the law and that the law applies equally to all who come under its jurisdiction.
Basic examples include your right to an attorney, your right to remain silent, and your right to a speedy trial.
How does due process apply to me?
If you are facing a criminal charge, your right to due process will directly affect how your case proceeds, and if your rights under due process aren’t upheld, your determined criminal defense attorney will take the action necessary to ensure they’re restored and that any negative consequences you faced, as a result, are adequately addressed.
In other words, whether or not your case is resolved favorably can hinge on the degree to which your right to due process was upheld.
Can’t I protect my right to due process myself?
If you are facing a criminal charge in the State of Texas, you do yourself an immense disservice if you don’t have knowledgeable legal representation backing you up.
Your rights as they relate to due process are many-layered, and your chances of affecting an optimal case outcome are greatly reduced if you proceed without an accomplished criminal defense attorney on your side.
What if I wasn’t read my Miranda rights?
If you’ve been arrested or detained for questioning, which means you don’t have the right to leave the interview, the police are required to read you your Miranda rights, which is the very familiar right to an attorney and to remain silent – both of which you’re well advised to take the police up on.
If the police fail to notify you of these rights, anything that you say can’t be used as evidence against you. It’s always in your best interest, however, to assume that you’re being questioned in relation to a crime and to request an attorney from the outset. The police are very good at coaxing information out of interviewees, and erring on the side of caution is advised.
Reach Out to an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a well-respected Round Rock criminal defense attorney who values your full range of legal rights and will leave no stone unturned in pursuit of your case’s best possible resolution.
Your right to due process is important, so please don’t put off contacting or calling us at 254-781-4222 to schedule your free consultation and learn more about what we can do to help you today.