A criminal defendant is someone who is formally charged with committing a crime. Just because someone is accused of committing a crime doesn’t mean that they are guilty. Criminal defendants in the United States have many constitutional rights, including presumed innocence.
Every criminal defendant facing jail time has the right to an attorney to defend them. A lawyer can help them understand their rights as a defendant and the criminal court process.
Criminal vs. Civil Defendant
The term defendant is used in civil court as well as criminal court. However, there is a difference between the two.
A criminal defendant is someone who has been charged with committing a crime, like domestic violence or shoplifting. If convicted, they could face consequences such as jail time, fines, and a permanent criminal record. Importantly, criminal cases are brought by the government, represented by a prosecutor.
A civil defendant is a person or entity being sued by a plaintiff, typically an individual or company. Civil cases involve legal disputes, like personal injury claims or contract breaches, rather than criminal accusations. If the defendant loses, they may be ordered to pay monetary damages or comply with a court-ordered injunction.
Another important distinction between a criminal and civil defendant is the burden of proof. In a criminal case, the prosecutor must prove the criminal charge beyond a reasonable doubt. In a civil case, the burden of proof is preponderance of the evidence (i.e., more likely true than not). Therefore, holding a civil defendant liable takes less evidence than convicting a criminal defendant.
What Rights Does A Defendant Have In Criminal Court?
The United States Constitution affords criminal defendants many rights. These rights are sometimes called due process rights. Due process rights exist to ensure a criminal defendant has a fair trial. Some of the most important rights include:
- The right to counsel
- The right to a speedy and public trial
- The right to remain silent
- The right to confront witnesses
- The right to be free from unreasonable searches and seizures
- The right to be free from cruel and unusual punishment
- Double jeopardy rights
While every right is important, we will discuss some of the most significant in detail below.
Right to Counsel
Any criminal defendant facing jail time has a right to a lawyer. If they cannot afford a lawyer, the court will appoint one. The Sixth Amendment guarantees this right. The right “attaches” as soon as formal proceedings begin, which is usually during the arraignment.
Right to Remain Silent
The Fifth Amendment protects criminal defendants from self-incrimination. It gives each defendant the right to remain silent, and no court, police, or prosecutor can compel them to testify or make a statement. This right applies to people who are being questioned by the police, which is why they must read their Miranda rights.
The right to remain silent is not absolute. It doesn’t apply during certain situations, such as when a person is granted immunity from potential prosecution based on their statements.
Right to Trial by an Impartial Jury
The right to a trial by an impartial jury is a deeply rooted right for criminal defendants. The rationale is that a jury of your peers is more likely to be impartial than a judge. Jury trials protect criminal defendants from biases in the criminal justice system and from government overreach.
To ensure that jurors are impartial, the attorneys engage in a process called voir dire. During voir dire, the prosecutor, judge, and defense attorney can question the jurors about potential biases. These biases may be based on their deeply held beliefs or past experiences.
Jurors can be struck for cause if they cannot be impartial. Furthermore, both sides also have a certain number of peremptory strikes that they can use to eliminate jurors who may reach an unfavorable verdict.
Right to be Free From Unreasonable Searches and Seizures
Everyone has the right to be free from unreasonable searches and seizures, even if they are not charged with a crime. Many defendants are ultimately charged because the police found something incriminating during a search.
The police must have either a warrant or probable cause to search or arrest a person. If they don’t have probable cause, the search or arrest is unconstitutional, and there could be consequences. These consequences may include suppressing evidence discovered through the illegal search or statements made by the defendant after an illegal seizure.
Contact Our Cleveland Criminal Defense Attorneys for a Free Consultation
If you are facing criminal charges, call our law office to schedule a free consultation.
At The Elkhatib Law Office, our Cleveland criminal defense attorneys protect defendants’ constitutional rights and fight for them to be found not guilty. We will help you build a strong legal defense and seek to get your charges reduced or dismissed.