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1. 6 MUST-KNOW
MISDEMEANOR
RIGHTS.

2. A misdemeanor is a lesser crime and has fewer consequences
compared to a felony. There are various characteristics of
both Misdemeanor and Felonies that clearly distinguish them
from each other. There are crimes, and then there are crimes
against the accused as well. Here there is an involvement of
federal officers, police, prosecution lawyers, who can
completely disregard an accused’s rights. When it comes to a
misdemeanor charge, they can be more lenient and forgo the
accused’s rights.
If you have been charged with a misdemeanor and wish to
know more about how you can tackle the process, read along.
Below mentioned laws protect an accused’s rights and must
be known by every citizen not to get mistreated when arrested
or interrogated for a crime.
6 MUST-KNOW MISDEMEANOR RIGHTS.

3. THE RIGHT
TO
COUNSEL
The Right to counsel is a right under the 6th
Amendment. Why would you need counsel? Even
though some cases seem straightforward, esp in the
case of a misdemeanor, you may not know what
charges the prosecution is cooking up against you
unless you witness the trial. You will need someone
to guide you and also protect you from irrational
accusations. A right to counsel is getting a lawyer,
and the government’s duty to provide you a lawyer if
you cannot hire one. Yes, you can get your lawyer in
case you are financially not ready to hire one. We all
admit that hiring a lawyer is not always a cheap
affair.

4. The Right to a
speedy trial

5. The rights of an accused have a provision for speedy trial according to the 6th
Amendment. The judge may seek approval for three reasons for exercising your
right to a speedy trial. First is the length of time since the initial hearing, the
cause of the delay, and lastly, the damages caused because of the delay. For
example, if a person is fighting a misdemeanor charge for a traffic violation,
but the case is taking longer than six months (delay in time). The prosecution
accuses you of a crime you have not committed and is delaying the trial’s time
(the cause of delay). You have been waiting to purchase a home. Still, there has
been an ongoing misdemeanor charge that doesn't allow you to take specific
legal documentation during the case’s timeline ( Damages to the accused).
Hence these potential reasons form a necessary ground to exercise your right
to a speedy trial.

6. THE RIGHT TO DUE PROCESS
The 5th and the 14th Amendment both mention the Right to Due Process. A due
process, in simple words, is to acknowledge the accused of every step that is
being taken in a court trial. It can also mean that a written transcript is
provided to the accused to be well aware of the proceedings and the charges
against him/her. A due process doesn’t allow the government to search or
seize any property of the accused until and unless the case demands so or the
accused is proven guilty.

7. RIGHT TO THE CONFRONTATION OF
WITNESSES
As per the 6th Amendment, the
accused of a misdemeanor has the
right to confront the witness and
notice the evidence so they can
prepare themselves ahead of time
for the trial. The Accused can use
this opportunity to defend and
prove their claim by cross-
questioning and showing counter-
evidence.

8. RIGHT AGAINST SELF-INCRIMINATION
A fundamental first right of the accused in a misdemeanor or felony is the
right against self-incrimination according to the 5th Amendment. Self-
incrimination means giving testimony against themselves. It completely
forbids a misdemeanor charged from speaking as a witness of the crime. It
is usually revoked when the accused says, “I plead my Fifth Amendment.”
Any statement said by the accused can be used against them. Hence there
can be no forceful interrogation from the federal authorities to get a
statement from the accused.

9. The rights of the accused cover the right against
bail or fines. A misdemeanor is a less severe crime
than a felony. Hence the penalties must also be
treated as per the crime. The 8th amendment
states that every accused must get a sentence with
a par to the crime and not excessive. The bail set
for the misdemeanor crime must also be on par
with the crime. Excessive bail lets the offender be
in jail for a minor crime, and therefore the 8th
amendment right protects the accused of a
misdemeanor charge from unrealistic penalties.
RIGHT AGAINST EXCESSIVE BAIL OR
FINES

10. SUMMARY
A misdemeanor crime follows the same rights of the accused as that of a
felony. However, their proof burden is much less in a misdemeanor, and the
court trial lasts longer. Given the jail term for a felony is more than a year,
misdemeanor crimes have no more than a year in prison, depending on the
crime’s seriousness. A misdemeanor lawyer can assist a person accused of
the crime and guide him/ her through the trial process. One cannot simply
take a misdemeanor case lightly as it affects the criminal record. Hence the
assistance of a local attorney plays a significant role. The attorney notifies
the rights of the accused and sets them to the benefit of the client. Click here
to learn more about the misdemeanor charges.

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MISDEMEANOR RIGHTS US LAWS AT
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