(4)1 Defendants' Bill of Rights
(4)1 Defendants' Bill of Rights
The Defendants' Bill of Rights is set of legally protected rights afforded to every criminal defendant. These rights are supplemental to the United States Constitution and the San Andreas State Consitution.
(4)1.1 Quick & Speedy Trial
All defendants charged with a crime have an undisputable right to a quick and speedy trial. Defendants held in custody have a right to a trial within 60 days of their arraignment. Defendants not held in custody have a right to a trial within 90 days of their arraignment.
(4)1.2 Arraignment
All defendants held in custody must be formally arraigned in court for a criminal offense within 72 hours.
(4)1.3 Right to Retain Counsel
All defendants accused of a crime reserves the right to seek and retain counsel.
If a defendant is indigent they may be appointed counsel.
Defendants reserve the right to confer with counsel privately.
And defendants maintain the right to have counsel present during any critical stages of the proceedings, including custodial interrogations.
(4)1.4 Right to Protection from Self Incrimination
All defendants have the right to remain silent.
Statements coerced from a defendant who has expressed they would like to remain silent are not admissible in a court of law.
(4)1.5 Right to be Informed of Charges
No later than during arraignment shall a court formally explain the following aspects to all accused defendants:
- A notice of the charges
- A notice of the underlying facts
- A notice of the maximum penalty for the charges
(4)1.6 Right to Bail
All criminal defendants held in custody have a right to consideration for bail, and a prompt bail hearing. Bail shall not be excessive or punitive.
Detention for all accused defendant is only permitted under statutory authority.
(4)1.7 Right to Prompt Medical Care
All criminal defendants held in custody have a right to receive prompt medical, dental, and mental health care upon request.
(4)1.8 Right to Access Discovery
All criminal defendants have a right to be informed of all evidence being used against them, without undue delay, including copies of non-sensitive information. Courts maintain discretion in deciding what may be considered sensitive for the purposes of this provision.
(4)1.9 Right to Jury Trial
All criminal defendants have a right to a trial before a jury of their peers. In order to be convicted by jury, the decision to convict must be unanimous.
(4)1.10 Presumption of Innocence
All criminal defendants shall be presumed innocent unless and until they are proven guilty beyond a reasonable doubt.
(4)1.11 Protection from Double Jeopardy
No defendant shall be tried or punished more than once for the same offense after jeopardy has attached.
Jeopardy attaches when a jury is sworn, or when the first witness is sworn in a bench trial.