Rights of the Accused in Orange County Criminal Cases

Everyone in the US has rights. Yes, even when you find yourself on the wrong side of the law, you still have rights.

Those rights ensure you get a fair trial, and possibly rejoin the rest of society as a free citizen.

This article takes a closer look at key protections individuals accused of crimes enjoy under the U.S Constitution. These protections are also upheld by California law. Therefore, if you stand accused of a crime in Orange County, these rights should apply to you.

Every person accused of a crime has the right to a fair trial. This means that the trial must be conducted impartially, without bias, and according to established legal procedures.

For there to be a fair trial,

• The judge and jury must be impartial.
• The trial must be public.

You are entitled to have your case heard by an impartial judge and, in many cases, a jury of your peers. The judge and jury must be unbiased and must not have preconceived notions about your guilt or innocence.

Your trial will typically be held in a courtroom where the public can attend, ensuring that the legal process is transparent and fair.

Your attorney:

• Will help select an impartial jury, challenge biased jurors during jury selection, and ensure that the judge adheres to fair trial procedures.
• Monitor court conduct: Be aware of the behavior and decisions of the judge and jury. If you believe there is bias, your attorney can file motions to address these concerns. Example: If a juror exhibits bias, your attorney can request that the juror be removed to maintain the fairness of the trial.

When you are arrested, the police must inform you of your right to remain silent and your right to an attorney. These are known as Miranda rights.

Understanding your right to remain silent helps prevent self-incrimination and ensures your defense is properly managed.

• During Arrest: Immediately invoke your right to remain silent if arrested. Politely tell the officers you choose to remain silent and want to speak to an attorney.
• During Interrogation: Do not answer any questions or provide any statements without your attorney present. If the police begin questioning you about your involvement in a crime, remain silent until your attorney arrives to advise you.

You have the right to have an attorney represent you. If you are unable to afford an attorney, the court will provide you with a public defender. Public defenders are lawyers who work for the government and are assigned to represent individuals who cannot afford private counsel.

Your attorney must provide competent and effective representation. This means they must diligently work on your behalf to defend you against the charges.

Your attorney should investigate the facts of your case, file appropriate motions, and represent you in court proceedings to ensure the best possible defense.

• If you cannot afford a lawyer, during your first court appearance, inform the judge that you need a public defender to represent you.
• Keep open communication with your attorney, provide them with all relevant information, and follow their advice. Share all details about the incident and any witnesses with your attorney, as this information is crucial for building your defense.

You have the right to a speedy trial, which means that you should not be subjected to unnecessary delays before your case is heard in court.

If you are arrested for a crime, the court should schedule your trial within a reasonable timeframe so that you do not have to wait for an extended period before your case is resolved.

If you are in jail awaiting trial, the right to a speedy trial ensures that you are not left in custody for months or years before having the chance to defend yourself in court.

Ensuring your case proceeds without unnecessary delays can be crucial to maintaining your personal and professional stability. Quick resolution of your case allows you to return to your normal life and responsibilities sooner.

Be aware of the timelines and deadlines related to your case. Your attorney will help ensure that your right to a speedy trial is respected. If there are significant delays in your trial date, your attorney can file a motion to expedite the process.

You (through your attorney) have the right to confront and cross-examine witnesses who testify against you.

If a witness claims to have seen you at the scene of a crime, your attorney might question their vantage point, lighting conditions, or previous statements to cast doubt on their testimony.

You also have the right to call your own witnesses to testify on your behalf and present evidence that supports your defense. If you have an alibi, your attorney will call witnesses who can confirm your whereabouts at the time of the alleged crime.

When you are charged with a crime, you must receive a formal statement detailing the specific charges and the factual basis for those charges.

For example, if you are charged with assault, the formal charges should specify the nature of the assault, when and where it allegedly occurred, and any other relevant details.

Knowing the exact charges allows your attorney to gather evidence, interview witnesses, and develop arguments to counter the prosecution’s case.

Due process means that you have the right to fair treatment through the normal judicial system, by accessing the following protections:

• Fair procedures: The government must follow fair procedures before depriving you of life, liberty, or property. This means that before being convicted and sentenced for a crime, you have the right to a fair trial where you can present your defense and challenge the prosecution’s evidence.
• Protection from arbitrary actions: Due process protects you from arbitrary and unfair actions by the government, by ensuring laws are applied consistently and justly. For example, if the police conduct a search without a warrant or probable cause, any evidence they find may be excluded from your trial because it violates due process.

You have the right to equal protection under the law. This means that you should not be discriminated against based on race, gender, religion, or other characteristics.

All defendants have the same legal rights and protections. Therefore, if two people commit the same offense, they should face similar charges and potential penalties, regardless of their personal characteristics.

In California, the law protects you from being tried more than once for the same crime. This is covered under California Penal Code Section 687.

For example, if you're found not guilty of burglary, the state can't charge you again for the same burglary using the same evidence. Once a decision of "not guilty" is made, it's final.

This protection makes sure that people aren't unfairly put through multiple trials for the same crime, which helps keep the legal process fair and trustworthy.

Your attorney can ensure that double jeopardy protections are upheld. If the prosecution attempts to charge you for the same offense, your attorney can file a motion to dismiss based on double jeopardy.

You are protected from cruel and unusual punishment, which means that the penalties imposed for crimes must be fair, humane, and proportional to the offense.

• Proportional Sentences: Punishments must fit the crime and should not be excessively harsh or degrading. A minor theft offense for instance, should not result in a severe sentence, such as life imprisonment or torture.
• Humane Treatment: The justice system must ensure that punishments are humane and respect the dignity of the individual. This also means that prison conditions must meet basic standards of decency, including adequate food, shelter, and medical care, to avoid being considered cruel and unusual punishment.

The constitutional rights of the accused discussed above are designed to safeguard your liberties and ensure you receive a fair trial. If you or someone you know is facing criminal charges, contact a knowledgeable criminal defense attorney.

A skilled criminal defense attorney will protect your rights by:

1. Providing legal counsel: Advising you on your rights and options at every stage of the criminal justice process.
2. Challenging violations: Identifying and challenging any violations of your constitutional rights, such as unlawful searches or coerced confessions.
3. Building a defense: Developing a comprehensive defense strategy, including gathering evidence, interviewing witnesses, and preparing for trial.
4. Advocating in court: Representing you in court, ensuring your rights are protected, and advocating for the best possible outcome.