Friday, February 14, 2014

Ithaca Cortland Lawyer What is Basic Due Process for Criminal Cases?


Due process can be viewed as a hodgepodge of your fundamental rights but without getting into all the legal mumbo jumbo,,,

DUE PROCESS consists of two main things: NOTICE and CONFRONTATION

When one of three things are being threatened by the government or any of it's branches (like the DMV):

1. Actions against your Property
2. Actions against your Personhood (liberty, freedom)
3. Actions against your Privileges (license, rights)

In other words they (an administrative body: IRS, DMV, DA) want to take something away from you.

YOU should get at a minimum the ability to be NOTIFIED of what is being threatened with loss and why it is being threatened with loss.

Notification should come in advance of the taking or loss.
It is notice which places you on guard to mount (prepare) a defense. It allows you the opportunity to get advice and guidance from an attorney versed in what they are threatening.

In the case of a DWI these would be the SPECIFIC CHARGES against you and the PC (probable cause) of what they are alleging you did. Drive recklessly or in an unsafe manner while being under the influence of drugs and/or alcohol. Legally PC is merely reasonable and trustworthy information that you did something.

Your Confrontation to these charges under Due Process assumes three basic forms:

1. You can Challenge the proof or evidence (blood/breath/field side TESTS
2. You can Confront those Accusing you directly (in a DWI the police are the accusers)
3. You can Contradict their proof with your own evidence and testimony (including witnesses)

So you can cross examine the police and/or lay witnesses as to their tests, their bias, their prejudice, their experience, their training, their actions, their inactions, and their observations.

You can bring in your own expert and lay witnesses to testify and to present evidence.

You can choose to take the stand on your own behalf and tell your side or version of the story.

Generally basic due process is a given in the United States. How much or how little of it you receive will mostly depend on what is being threatened and by who. Your highest level of due process will come when facing criminal charges, higher still a charge of murder (a capital offense).

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

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