I have to make a confession, and I love the field of criminal justice. As a criminal defense attorney, whether it’s traffic, DWI/DUI, minor or felony, I defend those charged with a crime. I justify the ‘scum of the planet’ contrary to the explanation I have received from many people. After choosing this was my area of practice as a lawyer, I have heard from colleagues, relatives and even complete strangers that my chosen career is ‘false,”‘ despicable,” I have even been told what I do is what’s wrong with America.’ I strive to have a legitimate dialogue with these people to explain my decision Often these talks go well and sometimes they don’t. In this case, the writing of an article conveying the reasoning of this criminal defense attorney will offer some insight into the defense of the convicted to those who otherwise do not appreciate, and definitely do not agree.Learn more by visiting Toland Law, LLC
Ever since I took criminal law and facts in law school, I realized I wanted to be a criminal defense attorney. However before I learned Constitutional Law, I did not know why this career was so necessary. It is the Constitution that allows and of us the liberties we enjoy today. These liberties are taken for granted by most citizens, mostly because they are not faced with a situation where they must be protected by these rights. Nevertheless, should they be required, these rights remain available. The Fifth Amendment protection against self-incrimination and due process, the Fourth Amendment right against arbitrary searches and seizures and the Sixth Amendment right to counsel are examples of these protections.
In an effort to ensure that innocent citizens are not convicted as a result of false confessions, lack of legal counsel or lack of due process, these civil protections have been designed and upheld. And while our mechanism is flawed, these Fundamental Guarantees are the greatest balance in ensuring immunity to those arrested and at the same time without unnecessarily restricting the government’s attempt to find, apprehend and potentially punish those criminally liable, in that innocent citizens are still prosecuted.
The uniqueness of these rights and how they are upheld today is that not only are they the product of our forefathers’ creative minds writing the Constitution, but they are enforced as a result of decades of precedent in case law. What this suggests is that these protections have been debated in numerous courts since their inception, where a determination was taken as to just how they could be enforced given those evidence. These decisions have been reviewed by higher courts of appeal, including the United States Supreme Court. That ensures that an unimaginable number of legal experts have worked together around the justice system, from defense lawyers and government prosecutors to judges, to make a decision about exactly how they can be implemented. And although precedents are occasionally reversed when new facts are given, this should only provide greater comfort in understanding that, although not common, they can be reversed if circumstances have changed since the precedent was set (as an example, consider how the internet has changed countless copyright, defamation, libel, Fifth Amendment, harassment, etc.) laws.