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Sixth Amendment Tag

04 June
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How Soon Will Your Case Go to Trial? It Depends

Posted by Clint
in Uncategorized

If your DUI or drug case may go to trial, you may worry how long it will take to get in front of a jury. Lawyers will tell you that it depends how soon your trial will happen. But the Constitution does guarantee the right to a speedy trial – though the definition of “speedy” is up for debate. Courtroom Scheduling Greatly Affects Trial Dates In criminal court, judges may hear hundreds of cases in a week. A trial can take hours or days to complete, meaning the judge cannot hear other cases during that time. As a result of judges’ packed...

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29 December
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Anonymous Witnesses in Criminal Cases

Posted by Clint
in Blog
Anonymous Witnesses in Criminal Cases

Do you have the right to confront anonymous witnesses used by the prosecution in a criminal trial? A recent federal court case posed this question when anonymous witnesses testified in court. At the trial, several witnesses testified against the accused, who allegedly smuggled an illegal immigrant across state lines. The prosecution claimed that these witnesses faced a safety risk by testifying, so their true names and identities were concealed from the accused and her attorney. While her attorney was able to cross-examine the witnesses and received information about their criminal histories and the benefits they received from assisting law enforcement, the...

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15 December
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Your Right to Confront Witnesses in Court

Posted by Clint
in Blog
Your Right to Confront Witnesses in Court

When facing criminal charges, you have the right to confront the witnesses testifying against you. The Sixth Amendment reads: “In all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him”. In practice, this means that tape recordings and written statements are no substitute for questioning witnesses in court. The pivotal case of Crawford v. Washington, 541 U.S. 36 (2004), illustrates why the Confrontation Clause in the Sixth Amendment is so important for criminal defendants. In the case, a criminal defendant’s wife gave a statement to the police that was tape-recorded. The wife refused...

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09 August
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When Do You Have a Right to an Attorney After a DUI Arrest?

Posted by Clint
in Blog
When Do You Have a Right to an Attorney After a DUI Arrest

The right to an attorney in a DUI case is the same right that you have in other criminal matters. You may be surprised to hear that the police can require you to take a breath test or standardized field sobriety tests before you have the right to an attorney. In fact, your right to have an attorney begins when any “custodial interrogation” begins, not when you are pulled over. “Custodial” means that a reasonable person would not feel free to leave the situation. Courts ask whether the situation presents the same coercive pressures as a “station house questioning” at the...

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