If you have been charged with a crime, working closely with an attorney who will clearly explain all rights, options and consequences can help you make decisions that are in your best interests. Contact our firm today to schedule a consultation and case evaluation with an experienced criminal defense attorney.
Ten Years of Experience as a Prosecutor and Defense Lawyer in Elgin, Illinois. I Know the System.
One of the most frightening things about getting charged with a misdemeanor or felony offense is facing a baffling legal system. I am criminal defense attorney Brian Mirandola. I have nearly a decade of experience in the courtrooms and judges' chambers in criminal courts throughout Chicago's western suburbs. Let my law firm help you get through this and work for the best outcome possible for your situation.
I invite you to learn more about misdemeanors and felony charges on this page. Contact my office in Elgin, Illinois, to arrange a free consultation. I represent clients throughout Kane County, Aurora, and other nearby communities.
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A criminal charge is a scary thing to face, but it is not the end of the world. The law office of Brian J. Mirandola will do everything in our power to protect your rights and help you find the best possible outcome.
As a former prosecutor, I know how the prosecutors will prepare their case against you. I understand the system and how to protect your rights against illegally obtained evidence. I always strive to help my clients reach the best outcome for their situation.
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 Brian J. Mirandola in Elgin, Illinois, 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 Brian J. Mirandola in Elgin, Illinois, as early as possible to enlist an important ally in your quest to protect your legal and constitutional rights.
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