Arkansas Criminal Defense Blog ©

It is important for those accused of crimes to be aware of their rights under the U.S. Constitution. Please take a moment to read all of these. Many of those not aware of their rights do not enforce them when the time comes.

Constitutional Rights of Those Accused

1. Right to an Attorney- Every person has a right to an attorney under the U.S. Constitution. Speaking to an attorney before talking to anyone about criminal accusations is paramount, and leads to an equally important constitutional right…to shut up!
2. Shut Up!- The 5th Amendment provides every person a right to remain silent in criminal cases against them. Most criminal cases are won by prosecutors who have confessions.
3. Right to Jury Trial- Every person has a right to a trial by jury of their peers under the 6th Amendment to the Constitution.
4. Right to Compel Witnesses- Under the 6th Amendment an accused has a right of compulsory attendance of his witnesses. This means that persons subpoenaed for defense are forced to show to court.
5. Confrontation of Witnesses- Accused also have the right under the 6th Amendment to confront their accusers and cross-examine them in court.
6. Right to a Speedy Trial- Those arrested on criminal charges under the 6th Amendment have a right to a speedy trial. A prosecutor can generally not hold charges over a defendant indefinitely.
7. Beyond a Reasonable Doubt- An accused has the absolute right for the government to prove their case…each element of their case…beyond a reasonable doubt to each and every member of the jury.

Tags: Constitutional Rights