Criminal defense is important to your case, because even if you’re
guilty of a crime, you have the right to be treated as innocent until
your guilt is proven. As a person who has been accused of a crime, you
have the right to a fair and bias-free trial. You are guaranteed that
your legal proceedings will be fair under the Bill of Rights of the United States.
To start with, you’re protected by the writ of habeas corpus. Under
this, the burden of proof must be provided by the government. This must
justify the reason for arrest and for holding a suspect. So, if there
is no warrant or no reasonable cause for your arrest, this protection
may have been violated. If that’s the case, you can be immediately
released from jail or prison.
You are also guaranteed to receive a trial by jury if you’ve been
charged with a serious crime. The Constitution guarantees that if you
are accused of a serious crime, then it’s up to a panel of citizens
to determine if you’re guilty or innocent. In fact, if you’re
accused of a federal crime, a jury must first indict you before you can
even have charges filed against you.
These jurors must also be fair and unbiased. Here’s an example. If
you’re an African American, you’ll want to have a panel of
jurors who are not racist due to the color of your skin. If one of the
potential jury members states that he or she is racist, then that person
won’t be able to sit on the jury for your case.
Source: This Nation.com, “Rights of the Accused,” accessed July 21, 2015