The United States Constitution provides protection for suspects accused of committing crimes. One of these protections is the right to be represented by a lawyer. If you are in Nevada, you will want to hire a Las Vegas Criminal Defense Attorney . A Las Vegas Criminal Defense Lawyer is well-trained in the law and will persevere on your behalf to see that your constitutional rights are defended.

The first right provided to all citizens is the presumption of innocence. That is, the court assumes that you are not guilty unless the prosecutor can prove otherwise. This presumption is not spelled out explicitly in the Constitution, but it is implied through the 5th, 6th and 14th amendments. For this reason, when you are brought into court, you plead not guilty. It is then up to the prosecutor to prove your guilt.

Another right says that you can’t be held in jail for an unspecified time period. Speedy trials are another guaranteed right. At any time you can petition to either have your plea tried or to be released from detention. This petition is called a writ of habeas corpus. This right is considered to be one of the most efficient safeguards to your liberty. Under this right, they can’t “lock you up and throw away the key” before you have been tried.

You’ve seen it on television and in the movies uncountable times. The police officer stops the suspect and “reads him his rights.” It starts out, “You have the right to remain silent” and informs the suspect that he has the right to have legal representation. This right has to do with the Fifth Amendment, one of the amendments in the Bill of Rights. The Fifth Amendment prevents the court from forcing the suspect to do or say anything that would incriminate him. Under ancient societies, an accused person could be tortured into giving a confession. Under this torture, the suspect would probably end up confessing in spite of his innocence. The Fifth Amendment prevents this situation from happening because it says you don’t have to say a word. It’s up to the prosecutor to prove your guilt.

Another right guaranteed by the Constitution is the right to have your case heard and decided by a jury of your peers. Choosing a jury trial assures you of being heard openly and fairly. Again, this right ensures that the court can’t keep you hidden while they come up with an arbitrary decision. All arguments must be presented openly. Normally, the jury’s decision must be unanimous.

The Constitution prevents certain laws from being passed. No law that is passed can be enforced retroactively. This means that, if you performed a certaion action today, the government couldn’t prosecute you if they passed a law against that activity next year. The prohibition against passing ex post facto laws is spelled out in Article 1, Section 9 of the Constitution.

The complexities of the law are confusing. Few people have enough knowledge to survive alone in court. To ensure that your rights are upheld, you should retain a competent attorney

Tags: 14th Amendments, Ancient Societies, Bill Of Rights, Confession, Constitutional Rights, Criminal Defense Attorney, Criminal Defense Lawyer, Fifth Amendment, Guilt, Las Vegas Criminal Defense Lawyer, Legal Representation, Plea, Police Officer, Presumption Of Innocence, Prosecutor, Safeguards, Spite, Time Period, United States Constitution, Writ Of Habeas

This entry was posted on Saturday, April 25th, 2009 at 8:33 pm and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.