Rights of the Accused

Know Your Rights

The United States Constitution and Florida Law affords those accused of a crime certain rights. The two fundamental rights bestowed upon criminal defendants in our criminal justice system are:

  • Presumption of Innocence - A criminal defendant is innocent until proven guilty
  • Burden of Proof – The prosecution has the burden of proving the defendant guilty beyond all reasonable doubt
Justice Scales, Books and Wooden Gavel — St. Augustine, FL — Law Office Of Christina J. Opsahl, LLC

She is always on call and open 24/7. She is devoted to giving her time to clients' personal, one-on-one attention to gain an in-depth understanding of their unique cases. Anyone party to a criminal case has Constitutional Rights that may potentially be invoked. It is crucial to hire an attorney who understands those rights, knows how to assert them, and can recognize when those rights are violated. Florida law recognizes the rights of the accused as well as the rights of victims or witnesses.

Christy was admitted to the Florida Bar in 2005 and had been practicing criminal law since her admission. Christy Opsahl is a former prosecutor with over a decade of courtroom experience. She has been prosecuting offenses in all counties of the 7th Judicial Circuit, which includes St. Johns County, Putnam County, Flagler County, and Volusia County.

Rights Continued:

In addition to the rights of the accused, all citizens are afforded certain rights under the Bill of Rights of the United States Constitution. A violation of constitutional rights can result in evidence being suppressed and charges being dismissed. It is important to understand your rights as the accused. Some of the rights afforded to criminal defendants are:

  • Right to remain silent
  • Right to be represented by an attorney
  • Right to adequate representation
  • Right to a jury trial
  • Right to public trial
  • Right to impartial trial
  • Right to be informed of the nature and cause of the accusation
  • Right to confront witnesses
  • Right to call witnesses in your defense
  • Right to protect against double jeopardy – not be tried twice for the same offense
  • Right to a speedy trial
  • Right to be secure against unreasonable search and seizures
  • Right to due process of law
  • Right against cruel and unusual punishment
  • Right against excessive bail

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