Constitutional Criminal Law

Criminal defense Attorney Michael Brewer is knowledgeable in criminal constitutional law. Many of the constitutional laws as they relate to criminal procedure are derived from the Bill of Rights. The Bill of Rights (first 10 amendments to the constitution) sometimes called the great compromise was ratified as part of the constitution as a compromise. Many states would not ratify the constitution if the bill of rights were not included into the constitution. They were worried that government could be inherently evil and that the rights of the individual needed to be afforded constitutional protections.  

The most common criminal protections from the bill of rights are the 1st amendment, 4th amendment, 5th amendment, 6th amendment, and 8th amendment.

Some 1st amendment defenses that may arise in a criminal law context are Freedom of Speech, Free Exercise of Religion, the establishment clause, freedom of association.

The big 4th amendment issue is unlawful search and seizure.

The 5th amendment issues associated with criminal procedure are the right against self-incrimination, double jeopardy, due procces (substantive and procedural due process) (also under the 14th amendment but applied less in criminal proceedings), and right to counsel.

The right to counsel is afforded to you under the 6th amendment. In Gideon v. Wainwright the court held that all criminal defendants are entitled to a criminal defense attorney in both state and federal criminal proceedings.

The 8th amendment provides a prohibition against excessive bail.

If you are falsely charged with a crime you should contact a lawyer for legal assistance to protect your constitutional rights. At the Brewer Law firm, criminal defense attorney Mike Brewer has extensive experience with constitutional law as both a former prosecutor and public defender. Please feel free to contact criminal defense attorney Mike Brewer for more information and to arrange for a consultation with an experienced, skilled and well respected lawyer who can analyze the criminal charges brought against you and zealously represent your interests.

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