Our federal, and your state, constitution promises you particular rights in order to insure you obtain a fair trial. Make you sure you fully grasp and exercise them.
The Bill of Rights
Most men and women assume that if the government charges them with a crime, they will be discovered guilty and go to jail. A Utah criminal defense attorney might stop that from happening, beginning with your trial rights. 3 of your most important rights are the proper to:
confront witnesses a jury trial and jury unanimity a speedy trial
Confront Witnesses
Our Constitution’s Confrontation Clause guarantees us the capability to look our accusers in the eye. This means that any witnesses against you need to show up at your trial and testify against you. It also promises that your Utah criminal defense attorney will have the opportunity to question them.
A excellent Utah criminal defense attorney will constantly use this particularly powerful section of the constitution due to the fact it prevents “hearsay.” Hearsay is when somebody testifies about an event or circumstances that he has no personal information of. For instance, a witness—let’s call him Tom—cannot testify that “My mother told me she saw John at the store.” To be valid, the government would require to call Tom’s mother and ask her specifically what she saw.
Then Tom’s mother would be subject to your cross examination. Your Utah criminal defense attorney can ask: How did she know it was John? How far away was she when she saw John? Does she wear glasses? Did she make eye contact? How long did she see John? Seconds? Etc.
Eye witness testimony is notoriously unreliable and State v. Clopten, the Utah Supreme Court recently acknowledged as much.
Jury Trial and Jury Unanimity
A reliable Utah criminal defense attorney will practically always ask for a jury trial. You are entitled to a jury where you are charged with a crime that might incorporate jail time. Surprisingly, this includes most traffic tickets!
This appropriate is important due to the fact a Utah criminal defense attorney understands that if she convinces one individual of reasonable doubt as to your guilt, you win. This is since the constitution guarantees jury unanimity.
Jury unanimity means that all of your jurors (in Utah, there are usually
must agree that you are guilty of the charged crime. Without total unanimity, you cannot be discovered guilty.
Speedy Trial
A intelligent Utah criminal defense attorney knows that speedy trial rights are a double edged sword. No one wants to have charges hanging over their heads for months or even years. But there’s an old saying amongst defense attorneys, “Unlike wine, circumstances get worse over time.”
Why? Since often people’s memory fade, evidence gets lost, people move, cops retire, victims change their mind, etc. As long as a defendant is totally free on bail, time only positive aspects him. Don’t forget, the burden is on the government to prove you did something wrong you do not have to prove your innocence.
A Utah criminal defense attorney will aid you assert your rights and possibly even far more importantly, show you when to waive some rights. To have all your questions about constitutional rights answered, contact an attorney.