Hamilton Law represents persons accused of every type of criminal offense. Such offenses include, for example, drug possession, driving under the
influence, sexual assault, and murder. We want to protect your rights aggressively at each stage of the trial process.
Your rights as a criminal defendant.
These constitutional rights are the bedrock of our criminal justice system. Quite literally, people have died to secure these foundational rights for our system of justice. And, quite literally, people’s lives have been spared by invoking these crucial rights.
Innocent until proven guilty. In our system you are innocent until the State proves you guilty of a crime beyond a reasonable doubt. That means a criminal defendant need not do anything at trial but insist upon his innocence. The State bears the burden of showing you are guilty.
Right to refuse to testify. As a defendant at trial, you have an important decision to make: Whether or not to testify in your defense. The State cannot make you testify. The State cannot even comment on your decision not to testify – if that is what you choose, after consulting with your lawyer.
Right to remain silent. Remember, you do not have to speak to the police. In fact, it is usually a good idea to insist on lawyer when being questioned by the police.
Right to confront witnesses against you. You have the right to cross-examine witnesses who testify against you in court.
Right to an impartial jury. You have the right to have your case decided by a jury of your peers. Although the actual jury empaneled need not be representative of the community in which the trial is held, the jurors must be chosen from a fair cross-section of the community.
Right against unreasonable searches and seizures. In general, the State must have probable cause for searches and/or seizures of persons. In theory, the police need a warrant specifically describing the place and/or persons to be searched and the items sought. Police apply to magistrates for warrants after setting forth probable cause of a crime. In practice, the police do not always need a warrant because of numerous exceptions to the warrant requirement.