Do you need a Criminal Defense Attorney who Understands Constitutional Criminal Law?

Do you have a criminal legal problem legal probelm where your constitutional rights may have been violated? Do you need the assistance of a criminal defense attorney who understands criminal procedure law? Our office has experience with these issues and can help you resolve your criminal legal issues so they have minimal impact on your life. We have an attorney who understands the 5th amendment and can adequately and zealously represent your interests. Evidence may have been obtained illegally. In which case a suppresion motion may be appropriate. Double jeopardy may apply. Your due process rights may have been violated. If you have a legal problem and require the services of an attorney who understands constitutional criminal procedure law, please feel free to contact an attorney in our Orange County office for a consultation.

Below please find a brief synopsis of the 5th amendment law of the constitution as it relates to criminal proceudre law.

5th Amendment Law

The 5th Amendment of the Constitution states as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The major criminal procedure issues associated with the fifth amendment are as follows:

Double Jeopardy simply means that a person can not be criminally tried for the same offense twice. Double jeoprady attaches when the jury is sworn or the 1st witness is sworn in a bench trial. The second trial can not be for the same offense (elements can not be the same).

Confessions – Must be voluntary (involuntary confessions violate due process)

Miranda v. Arizona, 384 U. S. 436 (1966). Click here for a brief synopsis from Wikipedia - Be advised that the court has subsequently ruled on Miranda issues in subsequent court opinions which have affected the Miranda ruling. In addtion, just because you have not been read your Miranda warning does not mean that the state can not file a case against you. Miranda addressed several issues including the following:

1. The defendant must be in custody and not free to leave

2. There must be an interrogation that would give rise to criminal responses

3. If both of the preceding elements are present, the police must give a Miranda warning and get a waiver.

4. The waiver must be voluntary and intelligent and can not be inferred from silence.

Applicable defenses

1. Waiver

2. Spontaneous statements not derived from interrogation

3. Non custodial statements such as traffic stops or probation interviews

4. Impeachment

More to come as time permits.

If you have a criminal legal issue and require the services of a lawyer who understands constitutional criminal procedure law, please feel free to contact an attorney in our Orange County office for further assistance.