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Constitutional Protections for the Criminal Defendant

Although some criminal defendants think that they can beat the system on their own, having an experienced criminal defense attorney on your side gives you a better chance of preserving your legal rights. If you have been charged with a crime, contact a criminal defense attorney as soon as possible.

Legal Information About Criminal Defense

If you have been arrested on a criminal charge, one thing is certain — you need effective legal representation. Without strong and effective advocacy, your future is at risk.

The Law Offices of Michael J. Holmes, PC, is a criminal defense firm that defends people accused of all types of crimes in Orange County and Southern California. We believe in taking an aggressive and pro-active approach in the defense of our clients.

Some basic information about criminal defense appears below. You probably have additional questions about your case.

In a free consultation, an attorney at our firm can answer your questions and discuss what our firm can do to defend your rights and freedom.

Free Consultation With a Lawyer

For a free consultation with the Law Offices of Michael J. Holmes, PC, call 714-907-1192
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Are you under investigation? It is important to obtain legal representation as soon as possible. The longer you wait, the more dangerous your position becomes. An attorney at our firm can advise you how to respond and take measures to begin your defense effort.

Prosecutors are often overworked and under intense pressure to resolve cases. Our firm takes advantage of this situation by aggressively preparing our defense efforts and attempting to persuade prosecutors to drop or reduce charges.

Constitutional Protections for the Criminal Defendant

The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people. The first 10 amendments, also called the Bill of Rights, contain basic, fundamental rights of individuals on which the government may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal justice system. The Fourteenth Amendment extends substantive due process rights beyond just the federal system to criminal defendants in state courts, where the vast majority of criminal trials occur.

The basic constitutional rights of the criminal defendant permeate every aspect of the criminal justice process. If you have been accused of a crime, whether federal, state or local, a seasoned criminal defense attorney from Law Offices of Michael Holmes in Chino Hills, California, can explain these rights to you and help you to fight for them at every step of the way.

Fundamental Rights

Here are the main federal constitutional rights guaranteed to criminal defendants in the United States to promote fair trials. Remember that these rights have been refined and interpreted by the courts and an attorney can advise you about their role in and application to your particular case.

  • The right to due process of law
  • The right to equal protection under the law
  • The right to be free from unreasonable search and seizure
  • The right against self-incrimination or being forced to testify against oneself
  • The right against double jeopardy or being tried more than once for the same offense
  • The right to legal counsel
  • The right to a speedy, public trial
  • The right to an impartial jury trial
  • The right to confront witnesses against you
  • The right to call supporting witnesses
  • The right to be free from cruel and unusual punishment
  • The prohibition against ex post facto laws or laws that retroactively criminalize certain acts or increase criminal sanctions
  • The right to be free from excessive fines or excessive bail
  • The right to clear notice of criminal charges
  • The right to a grand jury in federal felony proceedings

Conclusion

Our criminal justice system is designed through constitutional protections to provide a criminal defendant with a fair trial. If you face any phase of the process, consult an experienced attorney like one from Law Offices of Michael Holmes in Chino Hills, California, as early as possible to enlist an important ally in your quest to protect your legal and constitutional rights.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Law Offices of Michael J. Holmes Two convenient locations:

SANTA ANA OFFICE:
1851 1st St
Suite 904
Santa Ana, CA 92705
Phone:866-919-2032
Map and Directions

CHINO HILLS OFFICE:
14748 Pipeline Ave
Suite A
Chino Hills, CA 91709
PHONE: 714-907-1192
TOLL FREE: 866-919-2032
FAX: 888-287-3964
Map and Directions

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The Law Offices of Michael J. Holmes, PC, represents clients in Orange County and Southern California, including the cities of Fullerton, Anaheim, Anaheim Hills, Irvine, Brea, Buena Park, Costa Mesa, Fountain Valley, Garden Grove, Huntington Beach, La Palma, Laguna Beach, Laguna Hills, Newport Beach, Orange, Mission Viejo, Lake Forest, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, North Tustin, Villa Park, Westminster, and Yorba Linda, California.