Constitutional rights are granted to individuals in both the federal Constitution and the state Constitution of Alabama. When individuals are charged with sex crimes, constitutional rights are the strongest defense that an individual has against improper law enforcement conduct and unlawful conviction. When these rights are violated, an individual needs the assistance of competent legal counsel.
Examples of Constitutional Rights
There are several particular rights that an individual has when confronted by law enforcement about a sex related offense. These rights include the following:
- Protection Against Ex Post Facto Law. A state cannot pass a law after an individual has committed an act then prosecute the individual for the prior act.
- Eighth Amendment. The Eighth Amendment prohibits excessive bail in federal prosecutions and bars excessive fines in addition to cruel and unusual punishments.
- Fifth Amendment. Individuals are granted several essential rights through the Fifth Amendment. These rights include protection against double jeopardy or being tried more than once for the same offense, the right to remain silent, the right not to be called as a witness at one's own trial, and Miranda rights.
- Fourth Amendment Protection. Individuals have the right against unreasonable searches. In some situations, law enforcement must obtain a search warrant and if the warrant is not lawful then an individual's constitutional rights are violated.
- Fourteenth Amendment. This amendment grants individuals the right to “equal protection” of the law, which means that the government cannot deprive an individual or individuals that are shared by select others.
- Miranda Rights. As a part of an individual's Fifth Amendment rights, Miranda rights include an individual's right to remain silent in the face of police interrogation and if an individual faces a serious charge the right to an attorney. In nearly all situations, individuals should assert their right to silence after being read their Miranda rights.
- Sixth Amendment. The Sixth Amendment provides individuals the right to legal counsel, the right to call witnesses at one's trial, the right to cross-examine at trial, the right to trial by jury, and the right to be informed of the nature of the charges that have been filed against an individual.
Contact An Experienced Birmingham Sex Crimes Attorney
A skilled Birmingham sex crimes lawyer will review all of the details concerning an individual's offense during an initial consultation to determine whether any violation of constitutional rights occur. An individual's constitutional rights exist not only at the time of trial, but during the appeals stage of a sex crime as well. If you believe that your constitutional rights were violated in the process of being charged with a sexual related offense, you need the assistance of talented legal counsel like Steve D. Eversole to create a strong defense to such a charge.