American citizens frequently take for granted just how much freedom and power they actually hold in the criminal justice system. Fortunately, one of our founding fathers, James Madison, put together a sacred document that established American rights. Known as the United States Constitution and the Bill of Rights, the document contains national government laws and boundaries. Having freedom of speech and religion are just two of the liberties that were granted to American citizens back then and are still carried out today. The written document holds a few amendments that are commonly used in the court room in order to maintain a person’s rights as a citizen.
It is no secret that the fifth amendment is the most popular amendment in the courtroom. The fifth amendment has a self-incrimination clause, which protects a citizens rights to refuse to witness against themselves. Pleading the fifth will save you from putting yourself in a situation where you have to lie when testifying if there is a question you are not interested in answering. It can have a major impact. Many citizens are unaware that they have that kind of voice in court, and often don’t exercise it.
As an American, it is extremely important that you know and understands your rights as a citizen so that you can exercise them in ways that are beneficial to you. The fourth amendment is another very important amendment to be aware of. It is a protection from unlawful search and seizure. The amendment states that any government official cannot search any of your properties or belongs without a warrant or consent. The fourth not only protects you from your house or your car being searched, but it also protects you from getting blood drawn by a government official without your consent. Most wouldn’t think of the fourth amendment in that way. With drunk driving accidents increasing in America, it happens more often than you would think.
First thing is first, if you are ever charged with a DWI, hire a DWI attorney. They are knowledgeable about your rights as an American citizen. There are many cases where government officials get demanding and try to draw your blood without your consent, in order to prove that you were driving while intoxicated. If that were to ever happen, your DWI attorney could argue in court that there was a violation of the fourth amendment by a government official and get your charges dropped a significant amount. There are very few circumstances where an official has the right to draw blood without your consent. The exception varies from state to state.
Knowing your rights as an American citizen is extremely important and can always help your case, even if just a little bit. Hiring an attorney in any case will help you in court, but one reason why they are there for you is so they can educate you on the rights you are entitled to. If you are ever charged with a DWI, do not let a government official try to control you and stomp on your liberty. You have rights as an American.