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.

Legal Information About Criminal Defense

At Barnes & Garrett, we believe that every person accused of a crime deserves strong and effective representation. We will carefully investigate every aspect of your trial, with the aim of obtaining a dismissal of the charge, a reduced charges, or vindication at trial.

Our goal will be to obtain the best outcome possible.

For a free initial consultation with a criminal defense lawyer at Barnes & Garrett call 757-353-4355 or send us an e-mail. We serve clients in Virginia Beach, Norfolk, and throughout Virginia.

Information about topics in criminal defense are discussed below.

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Larceny and shoplifting crimes require a prosecutor to demonstrate seven different factors to obtain a conviction. Attorney James Garrett will systematically analyze each element of the case in your defense effort.

A conviction for domestic violence can have a very negative impact on your career, your lifestyle, and your relations with your family members. If you have been charged with this crime, Barnes & Garrett will aggressively defend your rights and freedom.

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 Barnes & Garrett, P.C. in Virginia Beach, Virginia, 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 Barnes & Garrett, P.C. in Virginia Beach, Virginia, as early as possible to enlist an important ally in your quest to protect your legal and constitutional rights.

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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