There are few more stressful experiences than being accused of a crime. Whether you are guilty or innocent, a criminal defense attorney like Bradley MacFee has the training and ability to ensure you receive a fair trial.
The Right to Due Process
The constitutional right to “procedural due process” is guaranteed by the fifth and fourteenth Amendments to the Constitution. These key pieces of law mandate that an investigation into a crime must follow proper procedures ensuring that a person’s individual rights to “life, liberty or property” are not violated. This becomes even more important when a person has been accused of or is under investigation for any of the following:
- Child Abuse
- Conspiracy and Attempt
- Narcotics charges (including possession with the intent to distribute)
- Obstruction of Justice
- Reckless Endangerment
- Resisting Arrest
- Sex Offenses
- Weapons charges
While most law enforcement professionals want to follow proper due process procedures, consulting with a criminal defense attorney provides a second set of eyes on the investigation, ensuring that the accused person has a fair trial.
The Right To Remain Silent
Every police drama on television that shows the investigative process usually ends with the police officer reading the accused criminal something known as the “Miranda Warning”. These rights were established in June 13, 1966 in response to a Supreme Court decision in the case Miranda v. Arizona. In this particular case, a man by the last name of Miranda was tried and convicted based on his confession. However, he was not first made aware that he could remain silent until an attorney was present. As a result, whenever a person is arrested for a crime, the arresting officer must give them the “Miranda Warning”, making them aware that they do not have to say anything without representation. While the Supreme Court did not specify the wording that should be use when giving the warning, the person in custody must be informed that they have the right to do the following before they are interrogated:
- Remain silent. Anything the person says can be used in a court of law to establish guilt.
- Consult with an attorney and have that attorney present during questioning.
- Have an attorney provided at no cost.
If a person is not under arrest, but is merely questioned regarding a crime, they too are entitled to the same rights to remain silent, and to have an attorney present during questioning. Likewise, a person testifying in a criminal case has the same rights to representation so they do not incriminate themselves in a crime.
If you or a loved one has been accused of, charged with, or questioned in a crime, contact the offices of Bradley MacFee to discuss your case. You have a constitutionally guaranteed right to representation in your criminal defense.