Every citizen of the United States enters the criminal justice system following an arrest. What is the criminal justice process exactly? It is all the procedures and obligations that take place from the time a person is suspected of committing a crime, through the time of their prosecution, and all the way to the completion of their case. Generally, it involves arrests, indictments, and a series of hearings, including preliminary hearings, arraignments, trials, and appeals. It can also extend past sentencing and appeals in the form of probation, jail time, and parole.

The U.S. Constitution and Due Process

The U.S. Constitution provides certain protections that cannot be broken, regardless if under persecution of law. The first 10 amendments in the U.S. Constitution are called the Bill of Rights, which are basically our fundamental freedoms as U.S. citizens. These freedoms remain valid and intact as a defendant in the criminal law system. In fact, the 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity.

Fourteenth Amendment (1868)
“(…) nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Additional Amendments to Be Grateful For

The 4th Amendment provides protection to citizens in the case of arrests, searches, and seizures. It prevents law enforcement from implementing unlawful searches and seizures of property, as well as, decrees the limitations and requirements for search warrants.

Fourth Amendment (1791)
“(…) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause (…)”

The 5th Amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as, prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves. It protects much more too.

Fifth Amendment (1791)
“(…) nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment involves your rights to a “speedy and public” trial. It also provides your rights to an attorney and a trial by an impartial jury. This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense.

Sixth Amendment (1791)
“(…) 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.”

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime.

Eighth Amendment (1791)
“(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

If You Are Facing Criminal Charges…

It is only natural that you are concerned about your rights, your freedom, and your future. You may be asking yourself what to expect, but rest assure that you will have the protection of your U.S. Constitutional rights during the entirety of the criminal justice process. But you can’t just rely on your Constitutional rights to protect your from being sentenced to the maximum penalties for your criminal charges. This is why it is vital to retain a trusted and experienced Indianapolis criminal defense lawyer to protect your rights and your freedoms.

Indianapolis Criminal Defense

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. We work around the clock to ensure your rights are protected and your freedoms are preserved. You CAN avoid the maximum penalties for your charges with our aggressive legal representation. Call 317-636-7514 to get started, today.