Accused of a Crime in Texas? Here are some Important Rights of the Accused by Collin County DWI attorney Troy Burleson
By Collin County DWI lawyer Troy Burleson
Important Constitutional Rights of Persons Accused of a Criminal Offense
The Constitution of the United States of American is the supreme law which governs and protects the rights of citizens accused of a criminal offense in the State of Texas and throughout the United States. The criminal defense attorneys at Law Office of Troy P. Burleson, P.C. work diligently to protect the Constitutional rights of its clients. If you or someone you love have been illegally stopped by a law enforcement agency or are facing a trial for a crime you did not commit, our criminal defense attorneys will fight to suppress illegally obtained evidence from an illegal search or seizure of your person or property, as well, as ensure your Constitutional rights are maintained throughout the trial process.
Here are some important Constitutional Rights to consider if you are your loved one faces a criminal charge.
1. The Presumption of Innocence in a criminal proceeding or trial.
a. All persons are presumed to be innocent and no person may be convicted of an offense unless each and every element of the offence is proved beyond a reasonable doubt. The fact that a person has been arrested, confined, indicted for, or otherwise charged with a criminal offense gives no rise to any inference of guilt at his trial.
b. The laws of the United States and the State of Texas do not requires a person to prove his innocence or produce any evidence at all in his or her defense.
c. The presumption of innocence alone is sufficient to acquit a citizen charged with a criminal offence unless the jurors are satisfied beyond a reasonable doubt of the accused person’s guilty after careful and impartial consideration of all the evidence 2. Burden of Proof in a Criminal Law proceeding: Beyond a Reasonable Doubt
a. The burden of proof in a criminal law trial or proceeding is known as beyond a reasonable doubt. This is the highest burden of proof in the American Court system.
b. There is no formal definition of beyond a reasonable doubt. Typically, it is described by saying, “The State or prosecutors must eliminate all doubt that is based on reason to each and every element of the crime charged.”
c. The prosecution has the burden of proving a criminal defendant guilty and they must do so by proving each and every element of the offense charged beyond a reasonable doubt, and if the prosecution fails to do so, the defendant my be found not guilty.
3. The Prohibition against Self-Incrimination, the Right Not to Testify in a criminal case, and Due Process of Law.
a. The Fifth Amendment to the United States Constitution states:
i. “…[No person]shall be compelled in any criminal case to be a witness against himself…”
ii. “…[N]or be deprived of life, liberty, or property, without due process of law…”
4. The Right to a Speed Trial, the Right to Confront Ones Accusers, and the Right to Assistance of Counsel in a Criminal trial of proceeding:
a. The Sixth Amendment to the United States Constitution states:
i. “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…”
ii. “…[In all criminal prosecutions, the accused shall enjoy a right] to be confronted with the witnesses against him [and] to have compulsory process for obtaining witnesses in his favor…”
iii. “…[In all criminal prosecutions, the accused shall enjoy] the Assistance of Counsel for his defense.”
5. The Prohibition on Excessive Bail and Cruel and Unusual Punishment
a. The Eight Amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposes, not cruel and unusual punishment inflicted.
These rights, among others, are essential to the preservation of justice in our legal system. Our office vigilantly defends our clients’ rights and demands that every person we represent is afforded a fair trial and that their rights are not stepped upon. If you feel that your or someone you loves rights have been violated please contact or office at (214) 226-9606 for a free, no obligation consultation and we will ensure that your questions and concerns are addressed.