Fundamental legal principle explains that without due process of law, no person shall be help to answer for any kind of criminal offence. And for this, one needs to understand the rights which come under the process.
Of course, every client deserves representation by a
professional and experienced attorney. And it needs several points to consider because
the selection of criminal defense lawyer matters a lot to get rid of the
offense quickly. It is the lawyer who deals investigation to trial to
post-trial.
As far as due process in criminal case is concerned, one
is required to know about major rights which will be discussed in this article.
Presumption of
Innocence
Due process in criminal cases includes presumption of
innocence. The main effect of this guarantee is that any person is not a
convict unless he has been found guilty by the prosecution. Different kinds of
criminal cases demand different proof as evidence of guilt. And the prosecution
works on certain proofs to justify whether the person has committed the crime
or not.
Right to be heard
Various kinds of rights come under the Right to be heard.
Such rights include right to be present at the trial, right to an impartial
judge, right to counsel, etc. Right of confrontation is also there which means
to challenge the accuser and one right is to secure the attendance of
witnesses.
Right to counsel
This is the fact that ordinary citizens do not come with
any kind of skills or professional knowledge to defend themselves when it is to
face the trial. And here, it is the duty of judge to persuade the accused for
things like he has a right to have counsel pleading guilty or not guilty, to
inform the accused whether he needs the aid of counsel or not, he needs legal
services, etc. In case, the accused needs legal aid or counsel help, the judge
offers reasonable time to do so. There is a term called as “counsel de officio”
which means the person can take help of lawyer appointed by the court.
Right to be
informed
The objectives of Right to be informed includes to let
the accused get the description of the charge against him to prepare his defense,
to inform about facts of the court and the principle of Double Jeopardy.
According to the principle of Double Jeopardy, the accused are provided with conviction
or acquittal for protection from further prosecution.
Apart from these, there are several rights of criminal
cases which are required to know by the person facing legal difficulties. And
by knowing them, it will become easier to face different legal situations.
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| About the author |
Dimitri A Kontou is one of the leading criminal defence lawyer Vancouver serving the individuals in Vancouver, BC. The Criminal Lawyer Vancouver offers his initial consultation completely free of cost. |
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