January 10, 2019
6th Amendment Rights
The Sixth Amendment to the U.S. Constitution is a very important amendment in Colorado criminal law and beyond. In criminal defense, there are three main areas of influence that the Sixth Amendment has.
The Right to Counsel. Under the Sixth Amendment, a criminal defendant has the right to effective assistance of counsel, whether private or public. In Colorado, even if you are too financially limited to hire an attorney, one will be provided to you, free of charge, if your charge carries the possibility of jail time.
The Right to a Speedy, Public trial. Under the Sixth Amendment, a person must be tried by the state within a set, limited amount of time. The state, once it brings charges, cannot hold an individual under perpetual and indefinite threat of prosecution. If the state fails to try an individual within a certain amount of time, called “speedy trial,” then the prosecution must be dismissed.
The Right to Confrontation. Under the Sixth Amendment’s Confrontation Clause, a defendant must be afforded the opportunity to confront his accusers at trial through cross-examination. In the vast majority of circumstances, an individual cannot be subjected to accusations or evidence against him without being able to put those accusers or pieces of evidence up to scrutiny before a jury of his peers.
Other Sixth Amendment Rights. There exist additional rights a criminal defendant has under the Sixth Amendment. If you are facing prosecution for a crime in Colorado, contact Denver criminal defense attorney Jacob E. Martinez today to discuss your case, and how the Sixth Amendment of the U.S. Constitution will protect you.