There are set of rules and guidelines governing the administration of justice in criminal law. There arereferred to as “criminal procedure“. In this procedure, the constitutional rights of a suspect or defendant in a criminal case must be protected. Violation of the right of the defendant may lead to his discharged or acquitted of the crime.
For law enforcement officers as well as the general public, criminal procedure is important information to be armed with. This readily comes to bear whenever a criminal case is ongoing.
Criminal procedure involves different stages and in each stage the right of the defendant is considered and protected. The stages include: arrest, trial, and sentencing. It becomes necessary to explain further how the rights of a suspect can be protected in criminal procedure. The following details reveal more on this point.
- The right of the suspect before arrest – Criminal law demands that a suspect house or goods cannot be searched or seized without the law enforcement officers obtaining a search warrant. This document should mandate them to search and seize illegal materials in the home. If a warrant is not obtained legally, it could be taken as a violation of the suspect’s right.
- The right of the suspect during arrest – The law enforcement arresting a suspect should read the Miranda Right to him. The Miranda Right is a statement or warning to the suspect that he has right to remain silent and can have a lawyer so don’t say things that would incriminate him in the law court.
- The Right of the Suspects at Trials – The law provides that the suspect is entitled to a fair trial by the judge or jury. More so, he has a right to a criminal defense lawyer and has right to appeal the court’s decision in a higher court.
Conclusively, understanding the rights of the suspects in criminal procedure is paramount to avoid miscarriage of justice. You can speedily get the service of a criminal lawyer if you are a suspect of a crime and you feel your right has been violated. Need lawyers for your case? Get the best lawyer. Go to Lloyd Gastwirth Criminal Lawyer.
