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Any case involving drug crimes is considered a criminal case. The repercussions of drug cases can be serious so it is important for a defendant to be aware of their rights. Hire a Mercer County drug crime lawyer to ensure your rights are protected during your case.
As a Defendant What Rights Do I Have in a Drug Case?
One of the most important rights that any defendant has in a criminal case is the presumption of innocence. In the United States, any person accused of committing a crime is considered innocent until they have been proven guilty. In addition to this important legal principle, a defendant in a drug case is entitled to the following rights.
Right to a public trial
The Sixth Amendment of the U.S. Constitution guarantees individuals a public trial in criminal cases. This is important to allow the general public as well as the defendant’s loved ones to be present and ensure that their rights are being protected.
Right to a trial by jury
A defendant is also entitled to a trial by jury under the Sixth Amendment. The jury must be made up of unbiased peers who do not know the defendant nor have any prejudices related to the case. This allows a fair trial and decision.
Right to a speedy trial
While no exact time limits are set, the Sixth Amendment gives individuals the right to a speedy trial. A case that has been delayed may present the defendant with an unfair situation, like if they are in custody during the waiting period.
Right to an attorney
All criminal defendants have the right to be represented by an adequate attorney. If the defendant cannot afford to hire an attorney a judge can appoint one to represent them. The attorney must be reasonably proficient in representing them to give them a fair chance at winning the case.
Right to remain silent
Another important right that defendants in a drug case have is the right to avoid incriminating themselves. Under the Fifth Amendment, the defendant cannot be forced to be a witness against themselves or testify in general.
Right to avoid unreasonable searches and seizures
Most drug cases hinge on evidence of the illegal substance. The Fourth Amendment provides individuals with protection against unreasonable searches and seizures. The only time law enforcement can search a person’s private property is with a valid search warrant, probable cause, or consent from the owner. If none of these apply to the situation but a search is still conducted, any evidence that is obtained will be inadmissible in court.
Right to avoid double jeopardy
Criminal defendants are also protected from being put on trial more than once for the same offense. Keep in mind that if the individual committed the same crime twice at different times or locations they can be tried for each instance of illegal activity.
The lawyers at the Law Office of Douglas Herring are equipped to look out for your best interests during your case. Contact a skilled attorney to obtain representation today.
