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.

Learn More About Criminal Defense

If you have been charged with any crime, from petty theft to homicide, you are facing the full power of the government. The rights and best interest of the accused are not the primary concern of the state. That is why it is important to have a criminal defense attorney to represent you.

To learn more about criminal law, please review the general information below and visit our firm overview page.

Thank you for contacting Raymond D. Sprowls, Attorney at Law. Your message has been sent.

Call us now

or use the form below.

Without an adequate defense, innocent people can get caught up in the criminal justice system and suffer needlessly. Don't put yourself at risk. Contact criminal defense attorney Raymond Sprowls.

Mr. Sprowls is a former New York City prosecutor who is now a defense lawyer working on behalf of the accused. To put his knowledge and experience to work for you, contact his law office Hudson Valley law office.

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 Raymond D. Sprowls, Attorney at Law in Montgomery, New York, 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 Raymond D. Sprowls, Attorney at Law in Montgomery, New York, as early as possible to enlist an important ally in your quest to protect your legal and constitutional rights.

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.

Back to Main

Recent Case Results

November, 2009:
Two men were arrested in a car after police claimed they had seen the driver (Mr. Sprowls’ client) throw a quantity of cocaine out the window and on to a city street. At a pre-trial suppression hearing, Mr. Sprowls successfully argued to the judge that the evidence should be suppressed. Once the evidence was suppressed, the D.A. had no choice but to dismiss all criminal charges. The defendant ended up pleading guilty to a speeding ticket!
October, 2009:
A few months after Mr. Sprowls’ client was arrested during the execution of a search warrant, Mr. Sprowls got the felony charges dismissed. The defendant had been found inside an apartment with prescription pills, marijuana, cocaine, and drug paraphernalia in the room next to where the defendant was standing. Mr. Sprowls used his extensive knowledge of search and seizure law and the facts of the case to convince the D.A. that the case could not be proven against his client and persuaded the prosecutor to dismiss the charges.
August, 2009:
The police arrested two boys and charged them with felony Criminal Mischief, claiming the boys had caused damage in excess of $500.00 to a local municipal park. The boys denied the charges. The end result? Mr. Sprowls got the case dismissed in exchange for the boys’ promise each pay only $100.00. The moral of the story? Never accept the word of the police as truth -- they lie and exaggerate just as much as anyone else.
August, 2008
Two men were arrested and charged with Burglary in the Third Degree, a Class D felony. Mr. Sprowls' client had just finished serving 22 years in state prison and was on parole.

Within five weeks of the defendant's arraignment, Mr. Sprowls got the case dismissed and the defendant is a free man.
March, 2008:
A high school-aged boy and four of his friends were arrested and charged with multiple felonies, including Burglary in the First Degree and Criminal Possession of a Weapon in the Third Degree. If convicted of the Burglary Charge as an adult, Mr. Sprowls’ client could have been sentenced to anywhere between 5 and 25 years in state prison. In October, 2008, after extensive investigation and interviews with witnesses, Mr. Sprowls got the case dismissed and his client’s bright future remained intact.
February, 2008
Five people were arrested in a commercial establishment during the execution of a search warrant. The store was a "weed spot" and had been selling to a steady stream of customers for months.

Mr. Sprowls' client was in the common area of the store when the police entered and no marijuana was found on his person.

Within a month of his arrest, Mr. Sprowls got the case against his client dismissed.
December, 2007
Two men were arrested in the City of Newburgh and charged with multiple Class D Felonies, including Grand Larceny in the Third Degree and Criminal Possession of Stolen Property in the Third Degree. Mr. Sprowls' client had a lengthy criminal record going back over thirty years with a prior felony conviction. The D.A. was out for blood and insisted that the two men would go to state prison for these crimes.

Of course, Mr. Sprowls could represent only one of the defendants. After investigating the case and researching the applicable law, Mr. Sprowls advised his client to refuse all plea offers and to remain ready for trial.

The co-defendant was subsequently indicted and his case was transferred to County Court where he is looking at a state prison sentence.

Mr. Sprowls' client is now a free man. Because Mr. Sprowls knew the law and the facts of the case, all of the charges were dismissed and the defendant is home with his family.