FUNDAMENTAL RIGHTS
Fundamental Rights of Individuals charged with Crimes
The Prosecution’s Burden of Proof: There is a
presumption of innocence. Until someone is proven guilty by proof
beyond a reasonable doubt, they are presumed innocent. The
accused is not required to prove his or her innocence, but might be
required to prove affirmative defenses like self defense.
However, in the real world, individuals charged with crimes need
aggressive representation if they are going to be successfully
defended. O.J. Simpson did not walk free because his lawyers sat
back and watched. At Reese & Williamson, L.L.P., our
attorneys offer that aggressive representation that ensures our clients
are protected.
The Defendant’s Right to Remain Silent: The accused has
the right to remain silent. This is an extremely important right
that should always be exercised by an individual prior to obtaining
competent representation. We advise our clients not to talk to
police or make any statements until they obtain an attorney even if
they are innocent. The police are not necessarily looking for the
truth, they are mostly likely looking for anything that they can use to
convict the accused. If law enforcement is requesting a statement
from you or one of your loved ones, contact our office or another
attorney prior to the appointment. If you have already made a
statement, contact our office or another attorney as soon as possible
to discuss your situation.
The Defendant’s Right to Confront Witnesses: The Sixth
Amendment of the United States Constitution gives defendants the right
to “be confronted by the witnesses against” them. This means that
the accused has the right to have their lawyer question the witnesses
that are making statements against them. At Reese &
Williamson, L.L.P., we vigorously question the witnesses making adverse
statements against our clients.
The Defendant’s Right to a Public Trial: The accused has
the right to a public trial so that the government cannot try to
convict them behind closed doors. Your friends and family can
attend your trial. However, the judge does have the right to
prevent the televising of a trial. This right also means that the
victims of crimes and the general public can attend as well.
The Defendant’s Right to a Jury Trial: Jury trials are guaranteed in all criminal cases. Either the accused or the prosecution can request them. In Texas, a defendant can even go to the jury for punishment. The firm has represented hundreds of individuals in jury trials.
The Defendant’s Right to an Attorney: The accused has the absolute right to have an attorney represent them. If the person charged cannot afford retained counsel, the court will appoint an attorney to represent them. The problem with appointed counsel is that they often do not provide aggressive representation because they do not want to upset the judge that appoints them. The sad fact is that the old adage of you get what you pay for is true. Although Reese & Williamson, L.L.P. strives to offer quality representation at competitive fees, providing our clients with the best representation can be expensive.
The Defendant’s Right to a Speedy Trial: The
Constitution grants a defendant the right to a speedy trial.
Often it is to a defendant’s advantage to not exercise this
right. However, there are times when this right should be
exercised. Making such a complex determination is best done with
the help of a competent attorney.
