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
