One of the more common phrases in the defense system is “pleading the Fifth.” Pleading the “Fifth” refers to the Fifth Amendment of the Constitution, which says that no person can be compelled to testify against themselves. A criminal defendant can refuse to answer a question that will implicate them in a crime.
In practice, the right is more complicated than depicted on TV. Most people know the right to remain silent, commonly called Miranda rights. The Miranda warning also informs suspects of their rights to an attorney.
However, like the right to counsel, criminal suspects must invoke the Fifth Amendment right against self-incrimination. This means law enforcement will assume waiver of the rights unless a defendant specifically asks for an attorney or expresses their wish to remain silent.
The Sixth Amendment guarantees a right to a speedy trial by an impartial jury. A jury of peers does not imply that the jury will include a member resembling the accused. Jurors get selected randomly from the community.
Before the trial court can commence, the parties participate in jury selection. The jury pool will begin with about 100 potential jurors. Through elimination, the final number of jurors gets reduced to 12 with two or three alternates.
Once the jury is set, typically, criminal case trials proceed as follows: 1) Parties make their opening statements, 2) Present evidence, 3) Call witnesses to the stand for testimony, 4) Cross-examine witnesses and 5) Counsel make their closing arguments. The jury then deliberates for as long as it takes to reach a verdict.
The court must ensure that defendants get due process in criminal trials. As long as this is the case, whether the defendant chooses to be represented by counsel doesn’t matter.
If you or a loved one is in a bind as a result of a criminal charge (negligent driving or otherwise), immediately contact a Seattle Criminal Attorney. A Traffic lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Traffic Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
