The Rights of the Accused

Do you know your constitutional rights if you are accused of a crime? The attorneys at the Law Office of Sara McArdle want you to understand the significance of your constitutional guarantees so that you feel confident proceeding through the process. If you are facing criminal charges in NJ, you may want to consult with an attorney about possible consequences of a conviction. Continue reading to learn about your 5th, 6th, and 8th amendment rights:

5th Amendment Rights

  • Under the 5th Amendment, you have the right to refuse to answer questions, or make statements, that might incriminate you. This applies at any stage of a criminal investigation or prosecution.
  • The 5th Amendment also contains the Due Process Clause, which protects you from suffering certain consequences without due process of law.
  • Due process has been interpreted to ensure substantive and procedural due process.
  • Substantive due process allows courts to protect certain rights as fundamental and free from government interference.
  • Procedural due process requires that you have adequate notice and a hearing before you are deprived of certain rights or privileges.

6th Amendment Rights

The Sixth Amendment sets forth specific rights for criminal defendants, including:

  • the right to trial by jury;
  • The right to a trial in a timely manner;
  • the right to be informed of the nature and cause of all accusations against you;
  • the right to confront witnesses against you;
  • the right to have legal counsel available to you; and
  • the right to compel witnesses to testify on your behalf.

8th Amendment

The 8th Amendment prohibits excessive bail or cruel and unusual punishment. Both of these prohibitions have been interpreted to apply to federal and state governments.

If you are looking for an attorney in NJ, the experienced lawyers at the Law Office of Sara McArdle are ready to represent you. Call our office at 973-366-5244 to schedule a free consultation today.