What is Due Process?

Due process is a fundamental cornerstone of the judicial system in the United States. This process is to be respected to ensure those who are innocent before being proven guilty are treated as such. When it is violated, the experience can be traumatic, but it also serves as a way for you to prove your innocence. You can even file a lawsuit against those who did not respect the process. However, the consequences of breaking due process have not stopped authorities from doing so. The best way to defend yourself and your right to due process is to understand what it guarantees you. If you need a criminal defense lawyer to defend your right to due process, you need to contact us immediately. When you are met with a criminal charge, you do not have time to hesitate.

What is Due Process?

The term ‘due process’ refers to a set of legal rights that protect citizens from unfair or unjust treatment by the government. The U.S. Constitution guarantees these rights, which are designed to ensure equal protection to all individuals under the law. Before a criminal charge can be brought against someone, due process requires authorities to inform them of their rights and the charges being brought against them. This includes being given adequate time to prepare a defense and access to legal counsel. In addition, no one can be forced to testify against themselves in a criminal case and an impartial jury must be selected.

What Legal Rights Does Due Process Promise?

Here are the rights that fall under due process:

1. Protection from Unlawful Detention: People cannot be arrested and held in police custody without a legal reason. This is meant to stop people from being arbitrarily detained.
2. Right to a Fair Trial: Everyone has the right to a fair and public trial with an impartial jury, the right to confront witnesses, and the right to an attorney.
3. Protection from Self-Incrimination: The Fifth Amendment ensures that people have the right to remain silent during interrogations and to not incriminate themselves on the stand.
4. Protection from Double Jeopardy: Double Jeopardy means that you are being tried twice for the same crime. This prevents local, state, and federal law enforcement from using its resources to wear down and erroneously convict innocent people who cannot afford representation.
5. Protection from Unlawful Search and Seizure: The Fourth Amendment protects individuals from unlawful searches and seizures. Law enforcement needs approval from a judge to search and seize evidence from anyone’s private property. The only exception is when there is reason to believe someone is currently and actively committing a crime or someone is in danger. For example, noises or signs of a break-in, assault, or attempts of suicide.
6. Right to Adequate Notice: People must be given adequate notice of when legal proceedings will be heard so that they may prepare their defense.
7. Right to Legal Representation: If an individual cannot afford a lawyer, one must be provided for them. This ensures equal access to justice regardless of economic status.

How Can Authorities Violate It?

The existence of any rule implies that someone has attempted to do or successfully has done what the law prohibits. Here are some common ways due process can be broken or mishandled by authorities:

1. Unlawful Detention: Holding someone in custody without proper charges or reasons can violate due process rights. Even if they have a proper reason, they have to inform the person in custody of what they’re being charged with.
2. Failure to Provide Adequate Legal Representation: If someone cannot afford a lawyer, one must be provided for them. They cannot have a fair trial if they do not have legal representation. This does not mean someone can refuse to have a lawyer, but they must be provided one if they want one.
3. Biased Courts: A fair trial requires an impartial judge and jury. Any open bias or prejudice on the judge's or jury’s part can lead to an unfair trial.
4. Coerced Confessions: Any confession obtained under duress, coercion, or torture is not admissible in court, but it has not stopped law enforcement officers before.
5. Unreasonable Searches and Seizures: The Fourth Amendment protects citizens from unreasonable searches and seizures. Any evidence obtained without a warrant or probable cause can violate due process.
6. Failure to Provide Timely Notice of Proceedings: People have a right to be notified of when legal proceedings against them will happen. If there is no proof that they informed the accused and/or their legal representation of the trial proceedings, the defendant can claim that the court failed to provide them with timely notice.

What Should You Do If Your Right to Due Process Has Been Violated?

If at any point during your arrest you endured a violation of your rights, you need to get in contact with an attorney as soon as possible. Our attorneys are available to help so don’t hesitate to contact us. Our experienced criminal defense attorneys have been defending members of our local community for years. We’re dedicated to making sure everyone gets their fair day in court. Contact us today.