When a person is facing a criminal charge, they have to determine how they are going to handle their defense. Many cases are resolved through plea deals, but some are handled through criminal trials. There are good and bad points to both, so a defendant must ensure that they are carefully considering both.
One thing that you should know if you are facing this decision is that you are entitled to a fair trial if that is the avenue your case takes. This right is rooted firmly in the Constitution, so it continues to remain true even when other laws change.
Because the concept of fair can change from one person to the next, you have to look at what this means from a legal standpoint. There are a few concrete points that the Constitution provides that stand true in all criminal trials.
- You have the right to a speedy trial; however, there isn’t a firm time limit listed in the Constitution.
- You have the right to have legal counsel for your criminal case.
- You have the right to the due process of law.
- You have the right to have an impartial jury hear your case and make a decision about it.
- You have the right to call witnesses and question the prosecution’s witnesses.
It is imperative that all of your constitutional rights are upheld throughout your case. If they aren’t, you might be able to use that in your defense. In some cases, a violation of rights can cause a verdict reversal or a new trial. Your legal team should understand how to handle these situations.