Knowing the Rights of the Accused

In the United States, anyone accused of a crime has certain unimpeachable rights that protect them. This is an extension of the American belief that everyone is innocent until proven guilty, and are guaranteed by the Bill of Rights to the US Constitution. Understanding what the protections of the Constitution are is an important part of being an American citizen.

Guaranteed Rights

The following are all rights guaranteed to you in the American justice system:

• Due Process. The most basic right, it provides the accused with all legal rights. Under due process, you are innocent until proven guilty and your rights are not to be unduly infringed upon.
• Protection from illegal searches and seizures. The police need a warrant to search and seize your property. The warrant must be provided by a court, and the police must establish probable cause.
• Protection from double jeopardy. You cannot be tried twice for the same crime.
• Protection against self-incrimination. You are protected from giving testimony against yourself.
• Right to a speedy and fair trial. You have the right to an impartial trial. A speedy trial means one that does not force you to stay in prison indefinitely, awaiting your trial.
• Trial by jury. You are guaranteed the right to be tried by a jury of your peers.
• Notice of accusations. You must be made aware of the charges you face. It is illegal to be held without being made aware of the reason.
• Right of counsel. You are legally entitled to an attorney, and if you cannot afford one, you are provided one at cost to the state. These lawyers are known as public defenders.
• Freedom from excessive bail. You cannot be ordered to pay bail that is disproportionate to the crime.
• Protection from cruel and unusual punishment.

Contact Us

If you have been convicted of a crime and your rights were infringed upon, you can have your conviction legally expunged. Contact Rhode Island expungement attorney James Powderly by calling 401-662-9006.