Both the United States and the State of Tennessee’s Constitution guarantees defendants in a criminal case certain rights which are critical to the defense of your case.
1. Right against Self Incrimination. It’s the ‘right to remain silent’ of Miranda. It’s also your right to testify, or to not testify at trial. Because of this right it can’t be held against you if you choose not to testify.
2. Right to a Criminal Attorney. Whether you can, or can’t afford one, you are entitled to a criminal defense attorney to assist in the defense of your criminal case.
3. Right to Call Witnesses and Present Evidence. The defendant has the right to call witnesses and present any relevant evidence in the defense of their criminal case.
4. Right to Confront Witnesses. Typically through your criminal defense attorney, this right provides an opportunity to challenge the validity of any testimony or evidence presented against you in a criminal case.
5. Right to a Jury Trial. This right grants a criminal defendant the opportunity to have 12 of his peers decide the fate of the criminal case – innocent or guilty. The criminal defense attorney also has the opportunity to question potential jurors (a process known as voir dire) to ensure fair jury selection.
6. Right to a Speedy Trial. This right ensures the trial will take place within a reasonable period of time following the arrest.
7. Right to be Presumed Innocent. Perhaps the most significant of all rights, it requires that the State of Tennessee District Attorney’s prove a criminal defendant’s guilt beyond a reasonable doubt.
8. Right to not be tried twice for the same offense. This is ‘double jeopardy’, as most people are familiar with the phrase.
These are the key rights to which you and your criminal attorney will have many discussions about and some of these decisions lie ultimately in the sole discretion of the criminal defendant. These decisions affect strategy to your case and the manner in which you decide to proceed with the criminal case.
If you are facing a criminal charge in Nashville or one of the surrounding counties, it is important that you discuss your case with an experienced criminal lawyer in Nashville. If you would like to discuss your case with one of our criminal lawyers in Nashville, contact our office today at 615-829-8259.
