Your Rights Within the Criminal Justice System in Florida and the United States

If you are a Florida resident, you are afforded a set of rights within the criminal justice system by the United States constitution and Florida laws.

There are two fundamental doctrines of the U.S. criminal justice system: The presumption that the accused is innocent, and the burden on the prosecution to prove guilt beyond a reasonable doubt. But criminal defendants have other constitutional rights too.

The “Bill of Rights” of the United States Constitution details the basic rights of all citizens, not just those under arrest for criminal offenses. The infringement (violations) of these rights can drastically affect the outcome of criminal proceedings, typically in favor of the defendant. Here are just a few protected rights:

• “The right of the people to be secure in their person, houses, papers…against unreasonable searches and seizures.” (Fourth Amendment)
• “No person…shall be compelled in any criminal case to be a witness against himself (Miranda Warning), nor be deprived of life, liberty or property, without due process of law …” (Fifth Amendment).
• “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.” (Sixth Amendment).
• “Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted.” (Eighth Amendment).

If you have questions regarding your legal rights, or if you need an experienced criminal defense attorney to ensure your rights are protected, contact Dimond Kaplan & Rothstein, P.A..