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Constitutional Protections for the Criminal Defendant

The criminal justice system can be confusing and overwhelming. For guidance about criminal procedures and help building a defense, contact a skilled and knowledgeable criminal defense attorney.

'I Want To Call My Lawyer'

When police try to question you or search you, your car or your home, it is your right to ask for a lawyer. Simply invoking that right may save you a great deal of trouble. Learn more about criminal law and your rights in the information presented here.

When you need a criminal defense attorney, select one with experience and a long-term commitment to clients. At the Joseph Chornenky law firm in Phoenix, attorney Joseph Chornenky has more than 30 years of criminal law experience and he is certified as a criminal law specialist by the Arizona Board of Legal Specialization. Contact the law firm for a free consultation.

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Do not take chances with your future and your freedom. Ask for an experienced criminal law specialist. Contact the Joseph Chornenky law firm in Phoenix.

If you are suspected of a drug crime, do not try to talk your way out of a difficult situation. In Phoenix, contact a criminal defense lawyer who can explain your rights and represent you in all dealings with police and prosecutors.

Constitutional Protections for the Criminal Defendant

The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people. The first 10 amendments, also called the Bill of Rights, contain basic, fundamental rights of individuals on which the government may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal justice system. The Fourteenth Amendment extends substantive due process rights beyond just the federal system to criminal defendants in state courts, where the vast majority of criminal trials occur.

The basic constitutional rights of the criminal defendant permeate every aspect of the criminal justice process. If you have been accused of a crime, whether federal, state or local, a seasoned criminal defense attorney from O. Joseph Chornenky in Phoenix, Arizona, can explain these rights to you and help you to fight for them at every step of the way.

Fundamental Rights

Here are the main federal constitutional rights guaranteed to criminal defendants in the United States to promote fair trials. Remember that these rights have been refined and interpreted by the courts and an attorney can advise you about their role in and application to your particular case.

  • The right to due process of law
  • The right to equal protection under the law
  • The right to be free from unreasonable search and seizure
  • The right against self-incrimination or being forced to testify against oneself
  • The right against double jeopardy or being tried more than once for the same offense
  • The right to legal counsel
  • The right to a speedy, public trial
  • The right to an impartial jury trial
  • The right to confront witnesses against you
  • The right to call supporting witnesses
  • The right to be free from cruel and unusual punishment
  • The prohibition against ex post facto laws or laws that retroactively criminalize certain acts or increase criminal sanctions
  • The right to be free from excessive fines or excessive bail
  • The right to clear notice of criminal charges
  • The right to a grand jury in federal felony proceedings

Conclusion

Our criminal justice system is designed through constitutional protections to provide a criminal defendant with a fair trial. If you face any phase of the process, consult an experienced attorney like one from O. Joseph Chornenky in Phoenix, Arizona, as early as possible to enlist an important ally in your quest to protect your legal and constitutional rights.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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O. Joseph Chornenky, PC
has spent over 30 years helping thousands of people accused of federal and state crimes and he is certified as a Criminal Law Specialist in the State of Arizona.
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