The law operates under the idea of justice and within the bounds of the constitution. However, that does not mean that everyone’s rights protected under the constitution are heeded. When violations of these constitutional rights occur in DUI cases, it is critical for a legal professional to have an advocate for his or herself. Doing so may help a defendant’s case.
A lawyer could help with these constitutional issues in Fredericksburg DUI cases.
When the United States founded its constitution, it was with the idea of guaranteeing the unalienable rights of every person. Specifically, within the courts, amendments were placed to keep the objective fairness of a trail intact and incorruptible. Unfortunately, that does not prevent individuals from overseeing or slighting the constitutional rights of defendants.
The most important constitutional issues that may arise in DUI cases involve the Fourth and Sixth Amendments. The Fourth Amendment protects a person from unlawful searches and seizures. The Sixth Amendment allows defendants to confront their accuser or accusers and to cross-examine anybody who has prepared or collected evidence against them.
Because of a recent change in Virginia, analysts for the Department of Forensic Science now have to testify in DUI cases or in criminal cases. That means the operator of a breathalyzer machine or the preparer of evidence presented in court may be required to testify at trial. It is within the rights of defendants and their counsel to challenge evidence through cross-examination. A critical part of a defendant’s rights is the ability to examine evidence that they find lacking. Without this, a trail would become biased and skew the fair results of a jury.
When constitutional rights are violated, a court has by proxy violated the objectiveness of a trial. Because of this, an attorney and his or her client might then voice this violation to the Virginia Supreme Court and the Court of Appeals which would give the defendant many more options during the trial.
State trial courts in Virginia follow the interpretations of the Supreme Court of Virginia and the Supreme Court of the United States. The Supreme Court of Virginia and the Court of Appeals of Virginia hear most of the constitutional issues and determine the issues of law in pre-trial and trials regarding DUI cases.
Each trial judge in Virginia, including in Fredericksburg, is required to follow the interpretations of the appellate courts. A defense lawyer could be prepared to present the proper authority for each particular case.
When a defendant is charged with a DUI and then has his or her constitutional rights violated, then the fairness of the justice system is also harmed. Everyone deserves a fair trial, and it is in an alleged offender’s best interest to contact an experienced counsel who could help him or her better understand constitutional issues in Fredericksburg DUI cases.
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