Overview of Constitutional Protections During the Criminal Process

From the moment of investigation through trial and sentencing, the Constitution provides critical protections designed to ensure fairness and prevent government overreach. If you can show that the government has violated your rights, you may be entitled to remedies, such as having evidence thrown out or even getting the charges against you dismissed. It is vital that you know your rights at all times, and criminal defense lawyers at Hogan Eickhoff can explain them to you.

Fourth Amendment

The Fourth Amendment provides you with protection from unreasonable searches and seizures. Law enforcement is allowed to conduct searches under certain circumstances. The general requirement is that law enforcement must seek a warrant prior to conducting a search. They must demonstrate to a magistrate that there is probable cause to believe that a crime has or is being committed. Once the magistrate grants the search warrant, law enforcement can only conduct the search in accordance with what is listed in the warrant.

Police may also conduct a search without a warrant under exigent circumstances. If there is a fear that evidence can be lost before police can obtain a warrant, they can conduct an immediate search. Law enforcement is also allowed to conduct a limited search at the time that you have been arrested.

The remedy for an illegal search is that the prosecutor cannot introduce evidence that was illegally obtained or anything else that was obtained as a result of the illegal search (known as “the fruit of the poisonous tree”). Your criminal defense lawyer must challenge this evidence by filing a motion to suppress with the court. If the judge finds that the evidence was obtained in violation of your Fourth Amendment rights, the prosecutor will not be able to use it against you at trial.

Fifth Amendment

There are several rights that you have under the Fifth Amendment. Due process is one of the major rights that you possess as a criminal defendant. What due process means is that you have a right to your day in court. Specifically, the Fifth Amendment states that no person should be “deprived of life, liberty, or property, without due process of law.” You cannot be convicted of any criminal offense without a trial, should you choose to fight the charges against you.

The Fifth Amendment also provides you with protection against self-incrimination. Once law enforcement has taken you into custody, they must inform you that you have the right to remain silent and that anything you say can and will be used against you in court. These are known as your Miranda rights. You can invoke your right to counsel, and then law enforcement must stop trying to question you unless your lawyer is present.

Even then, you can choose not to speak to law enforcement based on the advice of your lawyer. If law enforcement continues to question you after you have invoked your right to counsel, any confession or statement you make can be suppressed and not allowed into court. Further, the Fifth Amendment also gives you the right not to testify at your trial if that is what you choose.

Sixth Amendment

The Sixth Amendment governs your criminal trial, should you elect to fight the charges against you. Sixth Amendment rights include the following:

Speedy trial: You have the right to have your case heard in court at a trial within a reasonable amount of time. This right is intended to prevent prolonged incarceration or restrictions before trial.
Public trial: You cannot be tried behind closed doors in a trial that is not open to the public in the interests of transparency and accountability. A judge may set reasonable restrictions on this right in limited circumstances, such as to protect a minor child.
Impartial jury: You have the right to be tried in front of a jury of your peers. Both attorneys in the case may be able to challenge and strike potential jurors, but these decisions cannot be made on the basis of race.
Confronting witnesses: You can confront any witnesses who are testifying against you in court. This right is served when your criminal defense lawyer is able to cross-examine witnesses testifying against you.
Assistance of counsel: You must have the ability to retain an attorney for your case. If you cannot afford to pay an attorney, counsel will be provided to you.
Compelling testimony: You can subpoena witnesses to testify in your favor if they will not come to court willingly.

Eighth Amendment

The Eighth Amendment provides protection in the area of punishment that you may receive or the consequences of your arrest. Specifically, the following is not allowed in a criminal case:

Although bail is a decision made by the judge, they must set the amount at what is necessary to both protect the community and ensure your appearance in court. They cannot set bail at an excessively high level. Bail cannot effectively result in pre-trial detention without proper grounds.
The government cannot impose a fine that is grossly disproportionate to the offense. This protection applies both to fines for an offense and to those that the judge may impose as part of your sentencing.
You cannot be subject to cruel and unusual punishment for a criminal offense. These protections involve both physical punishment and a sentence that you may receive for a conviction. Like fines, your sentence cannot be grossly disproportionate to the offense.

Contact an Appleton Criminal Defense Lawyer

If you are facing criminal charges in Appleton, do not wait to protect your future. The experienced defense team at Hogan Eickhoff is ready to stand by your side, challenge the prosecution’s case, and fight for the best possible outcome. Every moment matters, and early intervention can make a significant difference in your case. Contact an Appleton criminal defense lawyer today for a confidential consultation and get the strong, strategic advocacy you need when it matters most. Contact us at (920) 450-9800 or message us online to schedule a free initial consultation. Learn more about the ways we can help defend various misdemeanors and felonies including drug offenses, domestic violence, sex offenses, violent crimes, and property crimes.