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- Can a Spouse Testify Against His or Her Spouse?
When one or both spouses are in legal trouble, the question of privileges and testimonial exceptions may arise. This is an important concept as it may prohibit one spouse from talking out against another.
- Right to a Speedy Trial
Every US citizen has the right to a speedy trial as provided by the United States Constitution. Many state constitutions also contain similar provisions that guarantee that a personís criminal case will be handled expediently. Looking at how this right can be treated in a particular state can give a criminal defendant a better sense of his or her rights and possible arguments that can be asserted to get criminal charges dismissed.
- How Bail Is Set
In many cases, a criminal defendant can leave police custody by posting bail. The amount that bail is ordered at is different in each case depending on a number of factors.
- Analyzing False Confessions and Exonerations
Given the significant number of exonerations that have been issued in recent years, it is important to consider what events led to these exonerations and the flaws in the American criminal justice system. Many exonerations were the result of false confessions.
- Common Questions about Plea Bargains
Rather than trying every criminal case, the prosecutor and criminal defense lawyer may resolve a case by agreeing to a plea agreement. Many criminal cases are disposed of through this type of agreement. Some of the common questions related to plea bargains include:
- Steps to Take If You Cannot Afford to Make Bail in Your Case
The Eighth Amendment to the United States Constitution prohibits the issuance of excessive bail. However, courts have found that excessive bail does not simply mean that the defendant cannot afford bail. When bail is too high, a defendant may not be able to pay it and may need to look into other arrangements.
- Constitutional Rights of Criminal Defendants
Individuals who are facing criminal charges have a number of key rights that must be honored throughout the process. By being aware of this information, criminal defendants can take necessary steps to protect these important rights.
- Constitutional Right to Legal Counsel
Any citizen in the United States who is facing criminal charges is guaranteed the right to legal counsel. If he or she cannot afford his or her own lawyer, one will be appointed to him or her. Despite this fundamental right, many individuals are not aware of this right, how far this right extends, the rights associated with the right to legal counsel and when a person qualifies to have a lawyer appointed by the court.
- Constitutional Right to a Fair Trial
When a person is accused of a crime, the consequences at stake are significant. A conviction can mean the loss of freedom with years behind bars. Having a criminal record can impact the rest of a personís life and limit career and educational opportunities. Due to these possibilities, many criminal defendants seek legal counsel.
- Dangers of Stop and Frisk
The Fourth Amendment to the United States Constitution protects Americans from unreasonable searches and seizures. Despite this important freedom, there are limitations to it. For example, stop and frisk allows a law enforcement officer to briefly detain a person when no probable cause exists.