When you were arrested, the police officer read you a list of your Miranda rights. These are just some of the rights you have after you are arrested and taken into custody. While the right to remain silent and the right to have legal representation are very important, you have several other rights during your trial that your Criminal Law Attorney in Birmingham AL can explain to you.
The most fundamental right of the United States’ criminal justice system is the presumption of innocence. When you are accused of a criminal offense, you have a right to a trial in which the state has to prove that you are guilty in order for you to be convicted and sentenced. Though many defendants waive that right and accept a plea bargain, you are under no obligation to admit to a crime. Your attorney will explain this right to you along with the risks of rejecting a plea bargain offer from the prosecutor.
If your case goes to trial, you have the right to face your accusers. The Sixth Amendment of the Constitution gives you the right to confront witnesses. In order for statements made to police officers in their investigation to be used against you, the witness must appear in court and answer questions posed by your lawyer. Written statements and hearsay are only admitted as evidence is very exceptional circumstances.
You also have the right to a trial by jury. In a criminal proceeding, the entire jury must believe beyond a reasonable doubt that you are guilty of the crime in order for you to be convicted. If you choose not to exercise this right, the judge will determine whether you are guilty and impose a sentence. Your Criminal Law Attorney in Birmingham AL may discuss the pros and cons of a trial by jury with you before you make a decision on whether to exercise this right.
These and other rights are guaranteed under the United States Constitution. Visit Forstman & Cutchen LLP for more information about how a lawyer can help you understand your rights as you fight the criminal charges against you.
