| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
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on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
Constitutional Rights
| PRACTICE AREAS |
Criminal defense attorneys are often asked "how can you represent someone that you know
is guilty?" The answer is simple: because the Constitution of the United States is more
important that the guilt or innocence of any one defendant. John Stuart Mill said "The
aim...of patriots was to set limits to the power which the ruler should be suffered to
exercise over the community; and this limitation was what they meant by liberty." Some
say the Constitution gives the government its authority and so our liberty is secured by the
prohibition of government acting outside its constitutional authority. Others may say that
the Constitution itself grants us liberties. While both are true, the end result for a criminal
defense attorney is the same: to protect and defend the constitutional rights and liberties of
American citizens. So what are those liberties?
You have the right to remain silent.
The Fifth Amendment to the U.S. Constitution grants each and every person the right to
refuse to incriminate themselves - the right to remain silent. Anything that a person says
can be used against them in court. This applies in any case that person may be involved in.
It is very important that criminal defendants exercise this right. Why?
You have the right to require the government to prove your guilt beyond a
reasonable doubt.
"Beyond a reasonable doubt" is the highest burden of proof in American jurisprudence. We
believe as a people that before we take someone's liberty away from them - or in some
cases before we take their life - that the government should meet the highest burden of
proof possible. When a criminal suspect talks to the police or makes any statement at all,
that statement can be used against them in court. By speaking, they are making the
government's job of proving guilt beyond a reasonable doubt much easier than it was
designed by the Founding Fathers to be.
You have the right to an attorney.
The criminal justice system is complicated. Courts are complicated. The rules of evidence
and procedure are complicated. It is simply not fair to put someone in prison without
representation when the very government that seeks to do so is represented by a
prosecuting attorney who is skilled and trained in the rules of evidence, procedure, and trial
technique. Therefore, the Constitution grants every American the right to an attorney. In
fact, if a criminal defendant cannot afford an attorney, the government must provide them
with defense counsel. No one should defend themselves without an attorney.
You have the right to require the government to produce a search or arrest warrant.
Next to remaining silent, this is sometimes the most often waived right that we as
Americans have. When the police come knocking at the door, many people just let them
walk right in to search and seize anything they want. There are always exceptions, but for
the most part the government must produce a search warrant before it can search your
home. If this right is violated, it is imperative that a trained and skilled defense attorney
defend that right.
Arrest must also be legal and effectuated by an arrest warrant. There are multiple
exceptions to when law enforcement may make an arrest without a warrant, but only a
trained and skilled attorney knows when those exceptions apply and how to protect our
constitutional liberties when someone is illegally arrested.
You have the right to a speedy trial by jury.
Criminal defendants must be brought to trial within a year. There are certain times during
the case that are excluded, but if all of the other time added together is greater than a year,
then the case must be dismissed. No one should have to spend their lives wondering if they
will go to jail for any given reason. If the government is going to prosecute, they must do it
with haste.
The jury trial is required in criminal cases, unless waived by the defendant. Twelve people
will decide whether a defendant is guilty - not the judge paid by the same government that
pays the prosecutor. The trial by jury is one of the most profound rights we have - it sets
us apart from a good portion of the rest of the world.
You have the right to see all evidence and witnesses presented against you, and to
challenge that evidence and those witnesses in open court.
The Sixth Amendment of the U.S. Constitution contains the "confrontation clause," which
gives every American the right to see all evidence presented against them, to confront their
accuser, to challenge the evidence presented against them, and to present evidence in their
own defense. The protection of this liberty requires an attorney. One can only challenge
evidence as allowed by the rules of evidence. Lawyers are trained how to present evidence
in a logical form that people can understand. And of course, there are exceptions to this
rule that the government will do everything it can to abuse.
You have the right to a fair and reasonable bail.
Persons who are incarcerated pending trial have the right to pay a fair and reasonable
amount in bail to secure their release pending trial and guarantee their appearance at trial.
The government always requests a judge issue bail at least double the amount it usually
should be. At The Bryant Firm, we have seen bail reduced by as much as 60%. There are
several rules regarding bail, so it is necessary to have a lawyer who is familiar with those
rules.
You have the right to a fair and free plea negotiation.
Everyone knows about the right to a trial by jury. Not everyone knows that they have the
right to take responsibility for their actions and submit a plea of guilty to the Court. When
criminal defendants do so, it signifies to at least some extent that they have taken
responsibility for their actions and are remorseful. Therefore, one of the purposes of
incarceration - rehabilitation - is at least partially fulfilled. Ostensibly, one who accepts
responsibility for their actions and pleas guilty should be given a lesser sentence than one
who fights to the end on the premise that they did nothing wrong.
In Arkansas, there is a wide array of alternative sentencing options. It is important to have
an attorney who knows what these options are when entering into plea negotiations with the
prosecutor.
You have the right to be free from cruel and unusual punishment.
No one should be subjected to a punishment for crime that is cruel or unusual. The case
law under this Eighth Amendment right is vast. It is absolutely necessary to have an
attorney review your sentence to determine if it should be reduced under this important
liberty.
You have the right to an appeal.
In all cases, litigants have the right to an appeal. Sometimes, judges make mistakes. They
are, of course, only human. Sometimes they allow the jury to hear evidence it should not
hear. On rare occasions, the jury even makes a mistake and convicts based on insufficient
evidence. In these circumstances, it is necessary to appeal the case to another court that
will review the procedure of the case, the evidence and testimony submitted, and determine
whether or not there were sufficient errors in the trial to justify a new trial.
As with any area of law, the rules of appellate procedure are complicated. There are
deadlines and procedures for everything. And of course, there are techniques to explaining
an argument to an appellate court that are completely different from trial techniques. You
must have an attorney to prosecute an appeal.
These are your rights.
When we simply allow the government to trample these rights, we diminish the liberties and
freedoms we and our children will enjoy in the future. We diminish the rights that our
armed forces fight to defend every day. If you need a criminal defense attorney, contact
The Bryant Firm today.
is guilty?" The answer is simple: because the Constitution of the United States is more
important that the guilt or innocence of any one defendant. John Stuart Mill said "The
aim...of patriots was to set limits to the power which the ruler should be suffered to
exercise over the community; and this limitation was what they meant by liberty." Some
say the Constitution gives the government its authority and so our liberty is secured by the
prohibition of government acting outside its constitutional authority. Others may say that
the Constitution itself grants us liberties. While both are true, the end result for a criminal
defense attorney is the same: to protect and defend the constitutional rights and liberties of
American citizens. So what are those liberties?
You have the right to remain silent.
The Fifth Amendment to the U.S. Constitution grants each and every person the right to
refuse to incriminate themselves - the right to remain silent. Anything that a person says
can be used against them in court. This applies in any case that person may be involved in.
It is very important that criminal defendants exercise this right. Why?
You have the right to require the government to prove your guilt beyond a
reasonable doubt.
"Beyond a reasonable doubt" is the highest burden of proof in American jurisprudence. We
believe as a people that before we take someone's liberty away from them - or in some
cases before we take their life - that the government should meet the highest burden of
proof possible. When a criminal suspect talks to the police or makes any statement at all,
that statement can be used against them in court. By speaking, they are making the
government's job of proving guilt beyond a reasonable doubt much easier than it was
designed by the Founding Fathers to be.
You have the right to an attorney.
The criminal justice system is complicated. Courts are complicated. The rules of evidence
and procedure are complicated. It is simply not fair to put someone in prison without
representation when the very government that seeks to do so is represented by a
prosecuting attorney who is skilled and trained in the rules of evidence, procedure, and trial
technique. Therefore, the Constitution grants every American the right to an attorney. In
fact, if a criminal defendant cannot afford an attorney, the government must provide them
with defense counsel. No one should defend themselves without an attorney.
You have the right to require the government to produce a search or arrest warrant.
Next to remaining silent, this is sometimes the most often waived right that we as
Americans have. When the police come knocking at the door, many people just let them
walk right in to search and seize anything they want. There are always exceptions, but for
the most part the government must produce a search warrant before it can search your
home. If this right is violated, it is imperative that a trained and skilled defense attorney
defend that right.
Arrest must also be legal and effectuated by an arrest warrant. There are multiple
exceptions to when law enforcement may make an arrest without a warrant, but only a
trained and skilled attorney knows when those exceptions apply and how to protect our
constitutional liberties when someone is illegally arrested.
You have the right to a speedy trial by jury.
Criminal defendants must be brought to trial within a year. There are certain times during
the case that are excluded, but if all of the other time added together is greater than a year,
then the case must be dismissed. No one should have to spend their lives wondering if they
will go to jail for any given reason. If the government is going to prosecute, they must do it
with haste.
The jury trial is required in criminal cases, unless waived by the defendant. Twelve people
will decide whether a defendant is guilty - not the judge paid by the same government that
pays the prosecutor. The trial by jury is one of the most profound rights we have - it sets
us apart from a good portion of the rest of the world.
You have the right to see all evidence and witnesses presented against you, and to
challenge that evidence and those witnesses in open court.
The Sixth Amendment of the U.S. Constitution contains the "confrontation clause," which
gives every American the right to see all evidence presented against them, to confront their
accuser, to challenge the evidence presented against them, and to present evidence in their
own defense. The protection of this liberty requires an attorney. One can only challenge
evidence as allowed by the rules of evidence. Lawyers are trained how to present evidence
in a logical form that people can understand. And of course, there are exceptions to this
rule that the government will do everything it can to abuse.
You have the right to a fair and reasonable bail.
Persons who are incarcerated pending trial have the right to pay a fair and reasonable
amount in bail to secure their release pending trial and guarantee their appearance at trial.
The government always requests a judge issue bail at least double the amount it usually
should be. At The Bryant Firm, we have seen bail reduced by as much as 60%. There are
several rules regarding bail, so it is necessary to have a lawyer who is familiar with those
rules.
You have the right to a fair and free plea negotiation.
Everyone knows about the right to a trial by jury. Not everyone knows that they have the
right to take responsibility for their actions and submit a plea of guilty to the Court. When
criminal defendants do so, it signifies to at least some extent that they have taken
responsibility for their actions and are remorseful. Therefore, one of the purposes of
incarceration - rehabilitation - is at least partially fulfilled. Ostensibly, one who accepts
responsibility for their actions and pleas guilty should be given a lesser sentence than one
who fights to the end on the premise that they did nothing wrong.
In Arkansas, there is a wide array of alternative sentencing options. It is important to have
an attorney who knows what these options are when entering into plea negotiations with the
prosecutor.
You have the right to be free from cruel and unusual punishment.
No one should be subjected to a punishment for crime that is cruel or unusual. The case
law under this Eighth Amendment right is vast. It is absolutely necessary to have an
attorney review your sentence to determine if it should be reduced under this important
liberty.
You have the right to an appeal.
In all cases, litigants have the right to an appeal. Sometimes, judges make mistakes. They
are, of course, only human. Sometimes they allow the jury to hear evidence it should not
hear. On rare occasions, the jury even makes a mistake and convicts based on insufficient
evidence. In these circumstances, it is necessary to appeal the case to another court that
will review the procedure of the case, the evidence and testimony submitted, and determine
whether or not there were sufficient errors in the trial to justify a new trial.
As with any area of law, the rules of appellate procedure are complicated. There are
deadlines and procedures for everything. And of course, there are techniques to explaining
an argument to an appellate court that are completely different from trial techniques. You
must have an attorney to prosecute an appeal.
These are your rights.
When we simply allow the government to trample these rights, we diminish the liberties and
freedoms we and our children will enjoy in the future. We diminish the rights that our
armed forces fight to defend every day. If you need a criminal defense attorney, contact
The Bryant Firm today.
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |