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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.

Important Information about Your Rights in a Criminal Prosecution

Provided by the Lawyers at McMahon & Coseo, P.C.

If you have been charged with a crime or are merely under investigation, you may have unanswered questions about the law, the process or your rights in a criminal proceeding. This page is designed to provide basic information about criminal matters, so that you are better informed when you hire an attorney to protect your constitutional rights.

At the law offices of McMahon & Coseo, P.C., in Saratoga Springs, we bring over 120 years of legal experience to criminal defendants throughout upstate New York. We are known by former clients and our peers for our immediate attention to your legal issues, as well as the detailed investigation and careful preparation that goes into every case we handle.

To learn more, see our criminal defense page. For a free initial consultation, contact our office or call us at 518-633-1819 (toll-free at 888-323-2401).

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Experienced criminal defense attorneys at a fair fee. Contact McMahon & Coseo, P.C., in Saratoga Springs, to set up a free initial consultation. We handle all misdemeanors and felonies, from juvenile crimes to homicide. We are all experienced trial lawyers and will aggressively protect your interests in court, if necessary.

For strong and skilled representation in a criminal matter, contact the lawyers at McMahon & Coseo, P.C., in Saratoga Springs or Corinth, New York. We handle all types of felonies and misdemeanors, including drunk driving, drug crimes, sex offenses and homicide. We are known throughout upstate New York for our willingness to immediately direct our full attention to your case.

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 ten amendments, called the Bill of Rights, contain basic, fundamental protections for individuals on which the government may not impinge. Many of these constitutional rights apply specifically to 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 right of a criminal defendant permeate almost every aspect of the criminal justice process. If you have been accused of a federal, state, tribal or city/municipal/local crime, a criminal defense attorney from McMahon & Coseo, P.C. in Saratoga Springs, New York, can help you better understand your rights and fight to protect them on your behalf.

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 (being forced to testify against oneself)
  • The right against double jeopardy (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 (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 with constitutional protections designed to provide each criminal defendant with a fair trial. If you are under suspicion, are being investigated or have been charged with a crime, consult an experienced attorney at McMahon & Coseo, P.C. in Saratoga Springs, New York, as soon as possible.

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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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