Posted on: 1 October 2019
When facing a criminal charge, you are considered the defendant in the case, and as a defendant you have certain rights according to the constitution. Using these rights may help you with your case, and here are the three amendment rights you might want to use as you face criminal charges.
The most commonly used and talked about amendment by criminals is the Fifth Amendment, and this amendment provides two great uses for defendants. First of all, through this amendment, you are able to avoid speaking at all under the basis that the police or court could use your words against you. The right to not speak is often called the right to remain silent, and this is one of the best tools you have when facing criminal charges.
The second part of this amendment is not used as often but is very important during certain cases. This part is the part that protects you against being tried for the exact same crime more than once if you were found innocent the first time, and this is called the protection of double jeopardy.
The Fourth Amendment is also commonly used by criminals, and it is a common amendment used to fight charges. This amendment gives you the right to not allow the police to search and seize your car or home unless they have a good reason to or a court order to do so. If the police searched your car or home without proper cause or reason, you could use this in your case to fight your charges.
Another amendment that is vital to defendants in criminal cases is the Sixth Amendment, and this gives you several rights you may need to use in your case. First of all, it ensures that you have legal representation to help you fight your case. It also protects you by avoiding drawing out your case for years upon end. Instead, you have the right to get the trial done in a timely manner. This is also the amendment that allows you to go through a jury trial if you choose to in your case instead of just leaving the court with the decision as to what your verdict is.
Using these rights can help you protect yourself in your case. If you have questions about these or other aspects of your case, talk to a criminal lawyer today.
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