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A Basic Explanation of the Sixth Amendment

On Behalf of | Mar 6, 2020 | Firm News

The Sixth Amendment of the United States Constitution guarantees a citizen a speedy trial, a public trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the him/her of a crime.

Below is a basic explanation for a foundation and understanding of the Sixth Amendment:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”: The person who is accused of a crime has the right to a trial without unreasonable delay. The trial for the criminal accusations must begin in a reasonable time frame. This ensures that a criminally accused person does spend an extended amount of time incarcerated before getting a trial on the allegations. Accordingly, the state of federal government cannot make the person sit in jail for a long time, for example 5 years, while they for their trial. This has been statutorily extended in Georgia to give the person a right to a reasonable bond after being incarcerated for 90 days.

The accused criminal defendant also has the right to receive a public trial. This means that the criminal prosecution trial process must be seen by the public so that the citizens, the press, and interested persons can observe to assure the protection of all persons rights and freedoms.

Understanding Your Rights

The right for an impartial jury has the intent to guarantee the accused a fair trial.

This includes that the criminal trial must be in the district, county, state where the alleged criminal conduct occurred. For example, a person cannot be forced into a criminal trial in the State of Alabama for a crime allegedly committed in Georgia. Likewise, a person cannot be forced to a criminal trial in Atlanta, Georgia for a crime that allegedly occurred in Columbus, Georgia. Another guarantee of this portion of the Sixth Amendment is that all jurors should be free of bias and pre-trial opinions that would affect their deliberation and verdict.

The accused must also be afforded the opportunity to confront witnesses against him and have access to the compulsory process to require witnesses that would be favorable to him to appear in court. This provides that an accused person has the right to find out what he or she is being charged with exactly, the accused person has the right to learn who is accusing him of the crime, the accused person has the right to cross examine or have his lawyer cross examine any witness testifying against him and finally the accused has the right to subpoena, under Court Order, a witnesses, documentation or other form of evidence that would be exculpatory or show favorably upon him.

Trusted Representation for You Rights

At The Mark Casto Law Firm, PC, we provide diligent representation to our clients and we will fight on your behalf as you seek justice. Our Columbus personal attorney has guided numerous clients to successful legal outcomes. We will discuss your situation, listen to your concerns, and help you make informed legal from start to finish.

Contact our office today to receive a free case evaluation.