The Sanders Firm, P.C. believes that everyone who is charged with a crime needs to understand how our rights are guaranteed under the United States Constitution. The United States Constitution protects us when we are suspected of a crime and after we are arrested. It even protects us after we are found not guilty or convicted of the crime with which we are charged.
The Fourth Amendment protects our homes against searches and seizures that are unreasonable and notes that warrants, including search and arrest, will not be issued without probable cause. Thus, we are protected before we can ever be charged with a crime.
In the Fifth Amendment, we are guaranteed that before we can be charged with a capital or infamous crime, a Grand Jury will have to convene and investigate the evidence. It also states that no one can be tried for the same offense twice (double jeopardy). It also assures that each one of us will enjoy the benefits of a fair trial. Finally, no one can be compelled to offer evidence against oneself. In addition, our Miranda rights, which are generally read to each person when they are arrested and questioned while in police custody, protect our rights in terms of process and not having to testify against oneself, are connected to this amendment.
The Sixth Amendment offers guarantees regarding our rights when being tried. It reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
We find in the Eighth Amendment that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This assures certain rights during arrest and sentencing.
Finally, the Fourteenth Amendment guarantees that everyone will have “equal protection of the laws.”