What are the rights of a defendant in criminal defense law?
In criminal defense law, the defendant is the person who is accused of a crime. In New Hampshire, the defendant has a right to due process of law. This means that the defendant must be informed of the charges against them in writing and be given an opportunity to defend themselves. The defendant also has the right to legal counsel. This means that if they cannot afford to hire a lawyer of their own, they can request the state of New Hampshire to provide them with a public defender. In addition to the right to due process and legal counsel, the defendant in criminal defense law in New Hampshire has the right to remain silent. This means that the defendant does not have to answer any questions or make any statements to the police or prosecution without an attorney present. This right is known as “pleading the fifth” or invoking the Fifth Amendment. The defendant also has the right to a fair and impartial trial where all evidence is presented and heard. This includes the right to call witnesses and present evidence in their defense. In order to ensure that a fair trial is achieved, the defendant has the right to be informed of any of their constitutional rights that may be violated. Finally, the defendant in criminal defense law in New Hampshire has the right to be presumed innocent until proven guilty. This means that the burden is on the prosecution to prove the defendant’s guilt beyond a reasonable doubt. If the prosecution cannot prove guilt beyond a reasonable doubt, the defendant must be acquitted of any charges.
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