What are the rights of a defendant?
In Virginia, the rights of a defendant in court are protected by the Bill of Rights and the Virginia Code. The most important right of a defendant is the presumption of innocence, meaning the defendant must be proven guilty beyond a reasonable doubt by the prosecution. Other rights of a defendant include the right to a trial by jury, the right to confront any witnesses against them, the right to present evidence on their own behalf, the right to legal counsel (called the right to an attorney), the right to remain silent, the right to receive a copy of the indictment (the charges against them), and the right to a speedy trial. In addition, defendants in Virginia can also have protections against double jeopardy, meaning they cannot be tried for the same crime twice. Additionally, defendants can also have the right to a defendant will appear in court when required.">bail hearing, where a judge determines if setting a defendant will appear in court when required.">bail amount is necessary if the defendant is a flight risk. Lastly, defendants can challenge evidence against them if they feel it was obtained illegally. All of these rights are in place to ensure that defendants are treated fairly and given the protections they deserve under the law. It is important for defendants and their attorneys to be aware of all of their rights in order to ensure that they are treated fairly and justly in a Virginia court.
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