What Are My Rights During a Criminal Trial? A Defendant's Guide

If you’re facing criminal charges, it’s normal to be scared and confused. Even if the charges aren’t that serious, not knowing what the future holds can be extremely stressful. While most people will never know how intimidating a criminal trial can be, it’s best to know what to expect if you’re facing one.

The good news is that there are constitutional rights to protect you throughout your criminal proceedings. Having an experienced criminal defense lawyer by your side throughout the legal process can also help reduce some of your stress and anxiety.

In this article, we offer a clear, practical guide to the fundamental rights guaranteed by the U.S. Constitution. We will also explain what your trial rights are as a criminal defendant and discuss what to do if the state violates any of these rights.

If you’re facing criminal charges, contact a local criminal defense attorney right away. Knowing your rights will play a critical role in securing an acquittal or a favorable plea bargain, but retaining a criminal law attorney who knows the law and understands due process will improve your chances of avoiding a criminal conviction.

Your Constitutional Rights in a Criminal Trial

The United States Constitution provides several protections related to criminal trials. For example, the Fifth Amendment provides protection against self-incrimination and double jeopardy. The Sixth Amendment gives criminal defendants the right to a speedy trial, ensuring that the government cannot detain a person indefinitely without determining the individual’s guilt or innocence.

Your rights as a defendant provided by the Sixth Amendment include:

• The right to a speedy trial
• The right to a public trial
• The right to an impartial jury trial
• The right to be notified of your criminal charges
• The right to call witnesses and to confront witnesses against you
• The right to the assistance of counsel

The purpose of the Sixth Amendment and the Bill of Rights is to ensure that citizens are free from government abuse. Having a fair trial is a fundamental constitutional right.

When taken together, these criminal rights help ensure due process. Due process is a cornerstone of the rule of law. It is what ensures fairness and justice in legal proceedings, including criminal trials. It also requires that the government respect people’s constitutional rights.

People who are the target of a criminal prosecution shouldn’t have to worry about the state convicting them without following the rule of law. This is one of the reasons why prosecutors bear the burden of proof and must prove guilt beyond a reasonable doubt. It’s also why law enforcement must have probable cause and follow procedural rules like reading someone their Miranda rights.

It’s crucial that you understand these rights so you can identify any government violations. If this happens, your criminal defense attorney can move to dismiss the charges or to have the judge order a mistrial. Let’s take a deeper look at them:

Right to a Public and Speedy Trial

The Sixth Amendment provides criminal defendants with the right to a speedy trial. This means their criminal trial must happen within a reasonably short time of their arrest. The purpose of guaranteeing a defendant a speedy trial is to ensure that the government doesn’t subject them to unfair or indefinite pretrial incarceration.

For federal cases, the time limit to commence a criminal trial is 70 days from the defendant’s indictment or first appearance. This time limit is dictated by the Speedy Trial Act of 1974, which not only limits the time in which a trial must commence but also demands that a defendant’s indictment or information take place within 30 days of their arrest.

The Speedy Trial Act applies only to federal cases, not state cases. Most criminal trials take place at the state level. States have their own laws determining what constitutes a “reasonable time” for a trial to commence. State speedy trial requirements vary, with some requiring trials within 30 days for misdemeanor cases and within 180 days for felony cases. Others have longer timelines.

Since these rights vary by state, it’s a good idea to meet with a local criminal defense attorney who can confirm your state laws. Your legal counsel will make sure you’ll know if the state is in danger of violating your right to a speedy trial.

It’s also worth noting that a criminal defendant can waive their right to a speedy trial. If they choose to do so, they must submit it, in writing, to the judge handling their case.

Right to an Impartial Jury

Another constitutional right that applies to criminal defendants is the right to a trial by jury. This right, while not absolute, ensures that a jury is composed of one’s peers and is impartial. An impartial jury is one composed of people who have no bias toward either the state or the defendant.

Whether a defendant has a right to a jury trial depends on the seriousness of their criminal charges and the potential penalty for the crime. For example, if the maximum penalty for a crime is less than six months in jail or prison, they are generally not entitled to a jury trial.

The prosecutor and defense attorney both play a role in jury selection, each hoping to empanel a jury that will look favorably on their case. They do this through a process called “voir dire.” Each side can ask potential jurors a series of questions to determine whether they would be beneficial to their case.

The voir dire process can vary by state. In general, the court will exclude potential jurors for an inherent bias or conflict. For example, if a juror says that they are related to the victim, the prosecutor can ask the judge to dismiss the juror “for cause.”

In addition to jurors who are dismissed due to cause, the defense lawyer and prosecutor each have a specific number of “peremptory challenges.” These are jurors that the attorney can dismiss for no reason at all. In federal court, each side is limited to three peremptory challenges. The number of peremptory challenges a party has in state cases varies.

The jury must find the defendant guilty beyond a reasonable doubt to convict them. If the jury fails to reach a unanimous verdict, it results in a “hung jury.” In that case, the judge may declare a mistrial. The prosecutor may then call for a new trial.

Right To Be Notified of Criminal Charges

It makes sense that a criminal defendant would have the right to know which crime the state is accusing them of. Not only does this put the defendant on notice, but it also gives them a chance to prepare their defense. It’s impossible to devise a defense strategy if you don’t clearly understand the state’s claim.

It’s essential that you understand this right from a practical perspective. When law enforcement arrests someone, they should tell them what crime they suspect them of committing. However, this isn’t always the case. Other times, the police officer doesn’t explain what the charges mean.

The right to be notified of charges requires that the state formally inform a criminal defendant of their charges. They do this through an arraignment or first appearance. This is where the defendant tells the judge how they plead.

The Right To Confront Witnesses

Another Sixth Amendment right criminal defendants enjoy is to present evidence and call witnesses on their own behalf. They also have a right to confront any of the prosecution’s witnesses. This right is also referred to as the confrontation clause.

The confrontation clause allows defendants to cross-examine witnesses regarding in-court and out-of-court statements. It also allows defendants to challenge these statements for bias, truthfulness, and validity, among other things.

In addition to cross-examining the state’s witnesses, defendants also have the right to call their own witnesses. If a witness refuses to testify, your attorney can ask the judge to issue a subpoena, a court order requiring the individual to testify at trial.

The Right to Counsel

The Sixth Amendment guarantees that every defendant in a criminal case has the right to legal counsel. This right applies to all critical stages of a criminal proceeding, but it doesn’t apply in all cases.

The Supreme Court has held that the right to legal representation applies only in cases where imprisonment is a potential penalty, including both felonies and many misdemeanors. If the court determines at the outset that it will not impose jail time regardless of the outcome, appointed counsel may not be required.

The Sixth Amendment right to counsel attaches at an arraignment hearing, where the defendant gets notified of the charges against them. The court will appoint one if a defendant can’t afford an attorney. Such a defendant is considered “indigent,” or unable to pay for legal representation on their own.

Protection Against Double Jeopardy

In addition to the other constitutional protections we’ve discussed, you also have a right not to face prosecution for the same crime more than once. This is called “double jeopardy.”

The double jeopardy protection arises from the Fifth Amendment to the U.S. Constitution. It prevents the government from endlessly prosecuting a defendant and furthers judicial efficiency.

Double jeopardy applies in all criminal cases and generally attaches when the jury is sworn in. In a bench trial, where the judge is the fact finder, jeopardy attaches when the court swears in the first witness.

Some actions do not trigger double jeopardy protection. For example, if the judge dismisses a case without prejudice, the state can file a new indictment. Some of the other situations in which double jeopardy doesn’t attach include:

• Mistrial
• Hung jury
• Dismissal for lack of jurisdiction
• When multiple states pursue the defendant for the same crime (Separate Sovereigns Rule)
• When the defendant allegedly commits the same crime more than once
• On appeal after a conviction

The concept of double jeopardy is complex and varies by state. If you have more questions about this right, it’s best to consult a criminal defense lawyer near you.

Key Questions To Ask Your Criminal Defense Attorney

Once you learn that there are criminal charges pending against you, it’s a good idea to meet with an experienced criminal defense attorney. Not only will they explain the charges and possible penalties, but they’ll also explain your rights as a criminal defendant.

It’s important that you be prepared for your meetings with your attorney. Things move quickly after your arrest, and you want to make the most of your legal consultation. Toward that end, there are certain questions you should ask your lawyer. This will help ensure that your rights are protected and that you get a fair trial.

Some of the questions you should ask include:

• Based on what has happened thus far, do you see any potential violations of my rights?
• What are the pros and cons of waiving my right to a speedy trial in my case?
• What is your strategy for jury selection?
• What evidence has the prosecutor shared with you? Is any of this evidence weak or inadmissible?
• Should I be considering a plea bargain at this stage?

Every criminal case is different, and there are some questions that pertain to your case that may not apply to other defendants. The goal is to get a firm grip on what to expect and how to identify if someone is violating your constitutional rights.

Protect Your Rights With Legal Help

Criminal defendants must understand their trial rights. These rights are critical from a due process and criminal procedure standpoint. If the government violates your rights, it can significantly affect the outcome of your case.

If you have questions about your trial rights, contact a criminal defense attorney for help. They’ll review your case and let you know how best to proceed. They will also be by your side throughout the entire process.