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Constitutional Protections for the Criminal Defendant

The criminal justice system can be confusing and overwhelming. For guidance about criminal procedures and help building a defense, contact a skilled and knowledgeable criminal defense attorney.

Effective Criminal Defense Lawyers

Being charged with a crime can affect life for years to come. Having the proper information on your charges, potential penalties and how to defend against them can greatly reduce the damage done to your future and your wallet.

W.J. Cahill & Associates understands your need for experienced and aggressive defense and works diligently to advise you of your options and provide aggressive defense.

To learn more about criminal defense, please read the general information below and visit our criminal litigation practice area page.

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If you have been charged with a DUI or other criminal offense, the Hackettstown, New Jersey, law office of W.J. Cahill & Associates is on your side. With more than a decade of criminal defense experience, we will work hard to limit the potential penalties and damages stemming from your case.

If you are facing criminal charges, do not wait to get an attorney involved. The law office of W.J. Cahill & Associates in Hackettstown, New Jersey, can help limit the damage caused by your charges. Contact us today or call 732-772-9830 to learn how you can limit the potential penalties from your criminal 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 14th Amendment extends substantive due-process rights beyond 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 almost every aspect of the criminal-justice process. If you have been accused of a crime, whether federal, state, tribal or local, a criminal defense attorney from W.J. Cahill & Associates in Holmdel, New Jersey, 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 a lawyer can advise you about each right's 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 retroactively 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

Contact a Criminal Defense Lawyer

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 at W.J. Cahill & Associates in Holmdel, New Jersey, 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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W.J. Cahill & Associates, P.C. is pleased to represent clients in Manalapan, Freehold, Red Bank, Holmdel Hazlet, Old Bridge, Middletown, Red Bank, New Brunswick, and East Brunswick as well as residents of Monmouth County and Ocean County.