A criminal defendant is a person who has been accused of committing a crime and is facing possible penalties, like fines or jail time. They are in the process of going through the criminal court system, meaning they have not been found guilty yet, and there is still a chance they may be acquitted. If they are found guilty, they may be referred to by other terms, such as “convict” or “offender.”
What Is The Difference Between A Criminal Defendant And A Civil Defendant?
A criminal defendant is a person facing criminal charges in criminal court. These charges can be either misdemeanor or felony offenses. A civil defendant is someone who is defending themselves against a civil lawsuit.
The main difference is that a civil lawsuit deals with a dispute between two people, whereas a criminal case deals with a violation of criminal law. In a civil lawsuit, there is also a plaintiff who files a civil lawsuit against the defendant. In a criminal case, there is no plaintiff since the government prosecutes the case against the defendant.
What Rights Does A Criminal Defendant Have In A Criminal Case?
Criminal defendants have certain constitutional rights in any criminal case. These constitutional rights are often called “due process rights.” Due process is a legal term that ensures the government uses an appropriate and fair process before taking away someone’s life, liberty, or property.
The most important rights include:
- Right to remain silent
- Right to an attorney
- Right to confront witnesses
- Right to a speedy trial
- Right to a public trial
- Right to a jury
- Double jeopardy rights
If these rights are violated, a criminal defendant may have a right to appeal a conviction or walk free.
Right To Remain Silent
The Fifth Amendment of the United States Constitution protects defendants from incriminating themselves. This right is often called the right to remain silent or the right against self-incrimination. You may hear about these rights if someone “pleads the fifth.”
Defendants cannot be compelled to testify against themselves or make statements that may hurt their case. They are never obligated to speak with the police without a lawyer. It is also where Miranda rights come from.
Right To An Attorney
A criminal defendant always has the right to hire an attorney to defend them in criminal court. However, if a defendant cannot afford a lawyer, there is a constitutional right to court-appointed counsel under the Sixth Amendment. The caveat is that you only have the right to a court-appointed lawyer if the charge carries potential jail time.
Right To Confront Witnesses
A criminal defendant has the right to confront the government’s witnesses during trial during cross-examination. A criminal defendant or their lawyer can ask witnesses questions to cast doubt on their reliability.
Right To A Speedy And Public Trial
People charged with crimes also have the right to a speedy and public trial. The federal government has a speedy trial deadline, and so does the state of Florida. These rules prevent defendants from being held in jail pretrial for a long time.
Additionally, a criminal defendant has the right to a public trial. This right prevents secret criminal proceedings where someone is unjustly convicted of a crime, which is why most criminal cases and court proceedings are open to the public.
Right To A Jury
If a criminal defendant elects to go to trial, they have a right to have the case heard by a jury of their peers. The right to a jury is complex because it doesn’t guarantee a perfect cross-section of the community.
Instead, it is an impartial group of people randomly chosen to hear the case. Before seating the jury, the prosecutor and defense attorney can ask the jurors questions to make sure they aren’t harboring biases.
Double Jeopardy Rights
The double jeopardy clause prevents a defendant from being tried more than once for the same crime. This means if you are found not guilty at trial, the prosecutor can’t bring the same charges again.
However, you can be charged for the same crime by different sovereigns. For example, you could be charged with state and federal crimes based on the same behavior. This is rare and usually only happens in very serious cases.
When Does A Criminal Defendant Need To Hire A Lawyer?
You should consider hiring a lawyer if you don’t qualify for a court-appointed lawyer. It is best to hire a lawyer as soon after arrest as possible. A lawyer can fight for a bond to get you out of jail and explain your charges.
Criminal court proceedings can be confusing. Even though a criminal defendant has constitutional rights and protections, the prosecutor will work hard to secure a conviction. A criminal defense attorney can protect your rights, even if you are innocent.
Contact Thomas C. Grajek, Attorney At Law, to Schedule a Consultation
Always consult with a Florida criminal defense lawyer to explore which defense strategy is appropriate for your specific situation. Contact an attorney at Thomas C. Grajek, Attorney At Law, today to schedule a consultation. You can all call us at (863) 688-4606.