What Are My Trial Rights?

Just as people have rights during the arrest and investigation stages, they also have rights during a trial, beginning with the right to a fair and speedy trial.

This article covers trial rights guaranteed by the Sixth Amendment to the U.S. Constitution. Specifically, it summarizes the following rights:

• The right to an impartial jury trial
• The right to a public trial
• The right to a speedy 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 protection against double jeopardy (Fifth Amendment)
• The protection against cruel and unusual punishment with regard to a criminal trial (Eighth Amendment)

If you are facing a criminal charge, understanding and exercising your trial rights is crucial. If you have questions about your defendant rights, contact a criminal defense attorney near you. An attorney can provide legal advice specific to your situation.

Sixth Amendment: Rights of the Accused

The Sixth Amendment to the U.S. Constitution says the following:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

The Sixth Amendment provides many rights for criminal defendants in just one sentence. This article explains these rights in more detail.

Right to a Fair Trial

The Sixth Amendment does not explicitly guarantee the right to a fair trial in a criminal case. But, the combination of rights that it and other amendments guarantee ensures a criminal defendant receives a fair trial.

Right to a Jury Trial

The right to a jury trial is not absolute. Whether a defendant has a right to a jury trial depends on the seriousness of the charges. If the maximum sentence for their crime is six months or less, they do not necessarily have a right to a jury trial.

In most states, the guarantee of a trial by an impartial jury means that 12 jurors must reach a unanimous verdict of "guilty" or "not guilty." An impartial jury consists of the defendant's peers. It also means the jurors do not have any bias against the defendant.

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 a 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.

Most states have laws determining a "reasonable time" to have a trial. Whether a trial is, in fact, speedy enough is determined by the circumstances of the case and the reasons for any delays, regardless of the local statutory language. If the court decides there has been an unreasonable delay, it may dismiss the case.

A defendant may waive their right to a speedy trial. They may choose to do so if they or their criminal defense attorney need more time to prepare their defense.

The Right to Call and Confront Witnesses

Criminal defendants have a right to present evidence and call witnesses on their own behalf. They also have a right to confront any witnesses the prosecution calls against them. This right is also known as the confrontation clause.

The confrontation clause allows defendants to cross-examine witnesses called against them. It applies to in-court and out-of-court statements introduced as evidence at trial. The confrontation clause lets defendants challenge such statements for bias, truthfulness, and validity, among other things.

The Right to Counsel

The Sixth Amendment guarantees that every criminal defendant has the right to legal counsel. This right applies to all critical stages of a criminal proceeding, but it does not apply to civil cases.

Typically, the Sixth Amendment right to counsel attaches at an arraignment hearing, where the defendant gets notified of the charges against them.

The Sixth Amendment says that the court will appoint one if a defendant can't afford an attorney. Such a defendant is indigent, or unable to pay for legal representation on their own.

Right of Notice of Accusation

The Sixth Amendment guarantees that criminal defendants must be told of the criminal charges against them. The court notifies the defendant of the charges against them at an arraignment hearing.

In criminal law, the government files an indictment against a defendant. Every state has grand juries, but about half of the states only use them in felony cases. Grand jurors decide whether to indict the defendant. The indictment brings formal charges against a defendant in felony cases.

An arraignment hearing typically follows an indictment. The arraignment hearing is usually the defendant's first court appearance in a criminal case. It signifies the start of the criminal trial process. The arraignment informs the defendant of the nature of the charges so that the defendant can prepare a defense.

Double Jeopardy

Double jeopardy refers to a person's right not to face prosecution multiple times for the same offense. The double jeopardy protection comes from the Fifth Amendment to the U.S. Constitution. It prevents the government from endlessly prosecuting a defendant and furthers judicial efficiency.

Double jeopardy attaches in a jury trial when the court swears in the jurors. In a bench trial, where a 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, dismissal of an indictment (for other than the merits of the case), does not prevent the government from filing a new indictment.

New or additional court proceedings may not begin after one of four events:

• After a jury's verdict of acquittal
• After a trial court's dismissal
• After the trial, the court grants a mistrial — in some cases, but not all
• 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.

Cruel and Unusual Punishment

The Eighth Amendment to the Constitution gives defendants the right to be free of cruel and unusual punishment. This right protects against dangerous conditions of confinement and treatment by corrections personnel. There is no all-encompassing definition of "cruel and unusual."

In a criminal trial, the constitutional right against cruel and unusual punishment means the prosecution cannot subject a defendant to prolonged delays or retrials. If they do, the prisoners may file a civil rights lawsuit. If they win, the court may dismiss their case.

Going to Trial for a Criminal Charge? Contact an Attorney

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, you can contact a criminal defense attorney for help. An attorney can provide invaluable legal advice, including:

• Whether law enforcement violated your rights
• The appeals procedure
• Whether to enter into a plea bargain
• Specific legal advice about your alleged criminal offense, such as DUI or domestic violence
• Targeted information about how the criminal justice system will addres your case

If you have been charged with a crime, having professional legal help is essential to protect your rights and interests. Contact a criminal defense attorney near you for help.