Why Does the Constitution Matter to Texans Facing Criminal Charges?

 Posted on July 28, 2022 in Criminal Defense

For many people, the last time they thought about the U.S. Constitution was in high school history class. We do not often think about how the Constitution affects our daily lives, but this document has a profound impact on our rights. If you were accused of a criminal offense, it is crucial that you understand your rights in this situation. It is even more important that assert those rights in order to protect yourself and your future.

You Have the Right to Avoid Self-Incrimination

Self-incrimination refers to the act of incriminating yourself or implicating yourself in a crime. The Fifth Amendment to the Constitution states that a criminal defendant cannot be compelled to testify against himself or herself. You may have heard someone say “I plead the fifth,” which means that they are choosing not to answer a question or reveal certain information. Our right to avoid self-incrimination is the basis of our right to remain silent and avoid answering police questions during an interrogation.

You Have a Right to Be Represented by Legal Counsel

The Sixth Amendment states that you have the right to be represented by a lawyer or attorney at trial or during plea bargaining. This is one of the most underutilized rights in the criminal justice system. People have a habit of underestimating how significant their situation is and failing to secure adequate representation. A lawyer can help you defend yourself against criminal charges, advocate on your behalf in court, and ensure your rights are not violated.

You Have the Right to Probable Cause for Government Searches and Seizures

The Constitution also protects our privacy. Government officials or law enforcement officers cannot search or take a person’s property without probable cause. In many cases, police need a search warrant to search someone’s property for evidence or illegal items. In the case of a vehicle search, there must be probable cause or reasonable justification for the search. If evidence is collected without appropriate justification, the evidence may be thrown out and unusable by the prosecution during the case.

Contact Our Frisco Criminal Defense Lawyers

The Collin County criminal defense attorneys at Law Offices of Biederman & Burleson P.L.L.C. have secured hundreds of trial victories for our clients. We provide legal representation and guidance to those accused of driving while intoxicated (DWI), drug crimes, assault, theft, family violence, and other offenses. Call our office at 469-333-3333 and set up a free consultation and case evaluation.

Source:

https://www.archives.gov/founding-docs/constitution-transcript