Rights of the Accused
The Bill of Rights within the United States Constitution are always in full force for the protection of citizens against a powerful and potentially dangerous government. The cornerstone of personal rights for an individual facing a criminal matter anywhere in the United States can be found in the Fourth, Fifth and Sixth Amendments to the United States Constitution.
- 4th Amendment: Searches and Seizures
- 5th Amendment: Due Process, Right to Remain Silent
- 6th Amendment: Right to an Attorney, Right to Confront Witnesses
On any given day in a United States courthouse, you will find court personnel, police, prosecutors, attorneys and judges. All of these individuals have designated roles. Yet there is no provision in the United States Constitution for any of these individuals to the extent that exists for a person charged with a crime.
Before moving forward with a criminal case, our criminal defense lawyers will conduct our own investigation to determine if there has been any infringement of your Constitutional rights. If we find any violation of your rights, we will fight to have the charges dismissed and/or the illegally obtained evidence/confessions suppressed. Contact ABDO LAW: 844-Got-Abdo, 586-412-5555.
Below is a brief explanation as to the Bill of Rights in connection with certain classes of crimes, particularly drug crimes and sex crimes.Fourth Amendment and Drug Crimes: Search and Seizure
ABDO LAW has handled drug crimes since the 1980’s. Drugs are the essential evidence of drug crimes. In every drug crime, with certain *exceptions, the prosecutor must prove that the defendant “possessed” illegal drugs. Drug crimes invariably involve a search and seizure of illegal drugs. Searches of individuals, vehicles and homes are an invasion of privacy and subject to the scrutiny of the Fourth Amendment. When a person is charged with a drug crime, any misconduct by the police in conducting a search can be grounds to fight a drug crime.
*Conspiracy, which is an agreement to commit a crime, does not require any act in the furtherance of the crime. An agreement to commit a drug crime, such as delivery of drugs, does not require possession or any overt act towards the commission of the crime.Fifth Amendment and Sex Crimes: Confessions
There are rarely other witnesses to support the allegations of a sex crime. This leaves the police with a case known as a “he said, she said” case. The police can proceed and seek charges against a person with only the statement of the accuser and no other evidence or witnesses. However, the prosecutor, and jurors, prefer to have more than just the testimony of the accuser at trial. For this reason, the police will always attempt to obtain a confession from the accused party to deliver a stronger case to the jury.
Whenever a person is questioned by the police about a crime, the Fifth Amendment applies. When a person is questioned about a sex crime, the police will go to great lengths to get the goods on a suspected party. In our experience, the police will make it seem like they are working for the accused party and will discourage the involvement of a lawyer. Even if the police can only get a statement from the suspected party, they are often able to establish motive and place the accused at the crime scene. When the police cannot get a confession, they will cleverly explain how a polygraph can clear the accused party of any wrongdoing. Although polygraph results are inadmissible in evidence, the polygraph report, and statements made during the polygraph process, can make a weak case into a stronger one.Sixth Amendment and Right to Counsel
A skilled criminal attorney is your best line of defense when the government has an agenda and is out to get you. Police are constantly refining their craft to get the upper hand in criminal cases. Insofar as possible, they operate within the confines of the law but they also can function well in the “gray area” without getting noticed.
Criminal cases are pursued against individuals by the government. If you find yourself in this situation, the best course of action is to retain an attorney or request a court-appointed lawyer if you cannot afford to retain one. Your right to counsel means that you are entitled to have an attorney at every significant stage of criminal proceedings. If you are being investigated or have been arrested for any misdemeanor, felony or Federal crime, you are not required to make any statements and should contact ABDO LAW as soon as possible for guidance.
Macomb County, Oakland County, Wayne County & St. Clair County
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CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo