RIGHTS OF THE ACCUSED

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

  • 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
  • Call Opsahl Law Today for a Consultation – 904-891-9343