The Sanders Firm, P.C.: Procedural Due Process and Property Interests

The Sanders Firm, P.C. in New York City is involved in all aspects of civil rights law, including complaints related to property interests and procedural due process. Contained in the Fifth Amendment to the United States Constitution and the Fourteenth Amendment, due process is a right that ensures that a person receives a fair trial. For example, procedural due process involves an individual receiving a fair trial in that standards are followed as to how the trial is held and the defendant and his/her attorney have the opportunity to present a defense. Additionally, procedural due process involves all parties following the law and adhering to standards set by the court.

Due Process and Property Interests

Procedural due process is not actually written into the or specifically mentioned in the Fourth, Fifth or Fourteenth Amendments, but is inferred. The Fourth Amendment states that people are secure from “unreasonable searches and seizures” and that in a criminal case “no Warrants shall issue, but upon probable cause.”

Thus, prior to searching a person’s home and property is seized that may tie them to a crime there must be probable cause. After that if charges are brought, the Fifth Amendment outlines the process, in which one may be tried and it says that the trial must conform to certain standards referred to as “due process of law.”

If one is guilty after a trial, then he/she can be subject to the loss of property. That is if property is at stake in the particular court case. For example, the police or other parts of the government in a criminal case may seize property obtained through illegal activities and in a civil case; property in the form of compensation is often lost.

Is Due Process Always Followed?

In working on various civil rights cases, The Sanders Firm, P.C. in New York has seen that many times a person’s procedural due process are not followed. Sometimes it is the result of negligence, other times it is purposeful in order to win a conviction, and still at other times, it is a state court making rulings or a state legislature enacting laws to in some way subvert or compromise procedural due process. In our eyes, any weakening or subverting of procedural due process is harmful to our freedom, rights, and democracy.

Fighting for Property Interests

If you have lost property in a criminal or civil case because of a lack of procedural due process, contact the premiere, civil rights law firm in New York, The Sanders Firm, P.C. We will fight for your civil rights and work arduously to make sure you get justice. Call The Sanders Firm, P.C., and we will become your advocate. The Sanders Firm, P.C. pledges that we will be your voice for justice.