CHICAGO DUE PROCESS VIOLATIONS ATTORNEY
Due Process Violations Attorney in Chicago, IL
People accused and jailed for any type of crime still have rights, such as the right to remain silent, the right to a jury trial, the right to have a lawyer, the list goes on. All of these rights fall under the due process clause. Sometimes these rights are blatantly violated by law enforcement or the federal government. In order to prevent due process violations during a criminal or civil case, it’s best to have an attorney from Curcio Law on your side. Call 312-321-1111 for a free consultation.
What is the Due Process Clause?
The Fifth Amendment
- The right to a grand jury indictment before the presentation of any criminal charges for felonies
- A ban on double jeopardy, which is basically a ban on prosecuting a suspect twice for the same crime
- Protection from self-incrimination, which is when a jury forces a suspect to testify against themself
- A right for all suspects to have a fair trial
- A promise that the government won’t confiscate private property without paying fair compensation based on the property’s market worth
The Fourteenth Amendment
Where Did Due Process of Law Originate?
However, the first appearance of the phrase “due process of law” appeared in a statutory version of the Magna Carta in 1354, when Edward III of England reigned.
Types of Due Process
Procedural Due Process
- An impartial court
- Notice of the intended action, as well as the grounds for it
- The opportunity to come up with reasons why the intended action shouldn’t happen
- Call on witnesses and present evidence
- Know opposing evidence
- To cross-examine adverse witnesses
- A decision made solely on the evidence given
- The opportunity to have a lawyer
- A court requirement to keep a record of the evidence given
- The requirement that the tribunal prepare written findings and reasons for its conclusion
Substantive Due Process
- Rights listed in the constitution’s first eight amendments
- The right to vote, associate, and speak freely, which are all aspects of the political process
- The rights of “discrete and insular minorities”
Due Process and the Rights of Criminal Defendants
How to Protect Your Due Process Rights
- Remembering that you do have rights, even before you’re arrested.
- Exercising your right to remain silent during an arrest until you speak with an attorney at Curcio Law.
- Not providing police with any information that isn’t explicitly specified in a search warrant.
- Refusing a search of your home without a warrant.
- Not resisting arrest even if you know that police violated your due process rights. Your lawyer will discuss these due process violations in court later.
The Importance of Having an Experienced Attorney at Curcio Law for Due Process Violations
- Advocate for you and inform you of the next steps before you’re arrested so that your procedural due process rights aren’t violated.
- Defend you when law enforcement searches your home or business.
- Instruct you on when to stay silent during police questioning and interviews.
- Go to court with you to make sure that a judge reads off your charges and allows you to enter a plea so that your procedural and substantive rights aren’t violated.
- Fight for you during your pretrial.
- Guide you through the jury trial process to make sure that you’re treated with fundamental fairness the entire time.