What are the rights of a defendant?

The rights of a defendant in California are outlined by the U.S. Constitution, which applies to all criminal proceedings in the United States. Everyone who is accused of a crime has the right to remain silent and not incriminate themselves. This is often referred to as the “right to remain silent”. A defendant also has the right to be represented by an attorney, known as the “right to counsel”. The individual also has the right to a public trial, with an impartial jury, and the right to confront and cross-examine any witnesses against them. The defense also has the burden of proof in the trial, meaning they must prove the defendant is innocent beyond a reasonable doubt. The defendant also has the right to subpoena witnesses or documents which may help their case. The right to remain silent extends during trial, as the defendant cannot be compelled to answer any questions or provide them any information which may be used against them. Lastly, if found guilty, the judge must provide a reasoned verdict and sentence which are proportionate to the offense. These rights provide a fair trial and ensure that individuals accused of a crime are given due process and are treated fairly. It is important to remember that criminal proceedings can be complex and it is recommended to seek legal advice if you are a defendant in a court case in California.

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