SPRING 2011

CRIMINAL DEFENSE NEWSLETTER

YOUR CONSTITUTIONAL RIGHTS

If you have been charged with a crime, the Constitutions of the United States and the State of Missouri guarantee you certain rights. Additional rights are granted by Missouri statutes and Supreme Court rules.

The Presumption of Innocence

Perhaps a criminal defendant’s most fundamental right is that of the presumption of innocence. This doctrine means that you stand before the judge or jury as an innocent person until such time as sufficient evidence is presented by the prosecution to prove beyond a reasonable doubt that you committed the crime. Although the presumption of innocence is not specifically mentioned in the U. S. Constitution, it is widely held to be derived from the 5th, 6th and 14th amendments.

Constitutional Rights

You have the right to a speedy and public trial by jury. You have the right to see and hear all witnesses called to testify against you and to cross examine all witnesses. You have the right to use the power and process of the Court to compel the production of any evidence, including the attendance of any witnesses in your favor; you have the right to have the assistance of a lawyer at all stages of the proceedings. You have the right not to be compelled to incriminate yourself; it is solely up to you whether to take the witness stand, and if you do not take the witness stand, no inference of guilt may be drawn from such failure.

Additional Rights

You have additional rights granted by the State of Missouri. In Missouri, the State must prove guilt beyond a reasonable doubt to the satisfaction of the jury. A jury is made up of twelve jurors, and all twelve jurors must vote to convict you in order for you to be found guilty. You may be entitled to take your case out of the county where the offense allegedly took place (Change of Venue) and to have it tried before a jury in some other county. You may also be entitled to disqualify the Judge in your case and have a different Judge hear the case or accept the plea (Change of Judge). Motions for Change of Judge or Change of Venue MUST be filed shortly after a plea is first entered. If you think you may want a different judge on the case or have the case heard in another county, you should discuss this matter with your attorney as soon as possible.

The above list of rights is not exclusive. However, this information sheet covers those fundamental rights which apply to all criminal defendants.