Articles Posted in Rights

One of the most important rights you are granted by the United States Constitution is your right to counsel. Unlike other areas of law, criminal law will provide an attorney for you if you are unable to hire one on your own. This is because your rights in a criminal case are extremely important, and the consequences of your case can affect your life, your livelihood, and many other aspects of your life. This is why it is important to be fully aware of your rights, and the consequences of your pleas in a criminal court.

At the very first hearing you will attend after being charged, the arraignment, the court will read you your rights. One of these rights being your right to counsel. If you cannot afford an attorney, one will be provided to you. This would be a public defender.

Public defenders are very experienced and competent representatives, however, they are overwhelmed with cases. At any given point they are handling a large amount of cases before the Judge on the same day as your case. This means they have minimal time to be able to spend preparing for your case and speaking to you beforehand.

If you are not a lawyer, the criminal judicial system is somewhat complex and confusing. You must have a lot of questions, such as, when do I have to appear in Court? When do I enter a plea? Can I enter a plea at anytime or do I lose my chance?

Breaking down the process helps understand how it works. Additionally, seeking the guidance and advice of a Los Angeles Criminal Defense Attorney will give you the best possible chances of dismissing or reducing your case because a legal professional not only went to school for this, but they know the ins and outs of the system. Furthermore, if you hire an experienced attorney, they will be familiar with the Courts, the Judges, the Prosecutors and even the court clerks.

Let’s consider an example, and walk through the process.

We have discussed extensively the varying Constitutional rights afforded to each person standing a criminal trial. These rights are very important and designed to protect each individual from being wrongfully convicted, or having their rights taken away without a complete understanding of the process.

That is why in a criminal case it is extremely important to consult with and recommended to hire a Los Angeles Criminal Defense attorney. For a criminal defense attorney, this is their day to day experience and knowledge. They know whether waiving any rights is in your best interest, or if it will serve to hurt you later.

One of these important rights is the right to enter a plea. If you are represented by an attorney, the attorney may enter a plea on your behalf. Each plea will have its own specific procedures. In any case, no lawyer shall ever enter a plea on your behalf without having discussed in length the specific consequences, potential outcomes and charges with you in detail.

Your driving privileges might be taken away from the DMV if they believe that you are not medically sound to operate a vehicle. The most common reason the DMV finds that you are not of medical capacity to operate a vehicle is if you suffer from a disorder or condition that often results in lapse of consciousness. Such disorders include epilepsy which results often in seizures and sleep disorders.

The action taken by the DMV will depend on how your condition is categorized. The DMV is authorized to take several actions.

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As discussed in this series of blogs, you have certain rights that are granted to you by the United States Constitution. One of these rights is the Right to Public Trial by Jury.

Anyone who has been arrested by police officers, is not convicted, they have only been charged. A criminal charge is very different from a conviction. A charge means that authorities have probable cause that you have committed the crime that they are charging you with. It does not mean that you have actually committed that crime. At the time you are charged, you are still innocent.

When you have been convicted then you have actually been found guilty. However, you cannot be convicted of a criminal offense unless you enter a plea of guilty, or have been found guilty by a court of law. In order to be found guilty by a court of law, you must be tried by a jury of your peers. This is an important right. You have the right to a public trial by jury.

As you go through criminal proceedings, it is important to understand the important rights that are available to you. These rights are granted to you by the United States Constitution and therefore are taken very seriously the Criminal courts.

Right to Speedy Trial

When you are arrested for a criminal charge, you have only been suspected of violating the law. You have not been found guilty, and you have not been convicted. You have the right to present a case, evidence, and to make your argument. You have the right to present this to a jury of your peers, and allow them to make a determination. In order for you to be found guilty, you must be found guilty beyond a reasonable doubt on each of the elements that the statute requires.

When you have been arrested on suspicion of a criminal charge, you are not yet convicted of a crime. Simply being arrested does not mean you are guilty, or that you will be sentenced., it means that officers have a reason to believe that you are guilty of the charge you have been arrested for.

Before you can be found guilty of any crime, you must either plead guilty to the charge, or you must be found guilty beyond a reasonable doubt in a court of law. Only then do you have a conviction on your record.

During the criminal court process, from the point you are arrested, or given a citation, through the completion of your case, you have certain rights. These rights may not be taken away from you at any point in the proceedings, and it is the Court’s obligation to inform you of these rights, whether you are represented by an attorney or not.