The defendant is the person against whom the government has brought charges in a criminal proceeding or the party who is being sued for damages (or injunctive relief) in a civil action. For example, in the criminal case The People of the State of California vs. John Smith, John Smith is the defendant. In criminal proceedings, the defendant's opponent is the government; whereas in a civil action, the opponent is a plaintiff (the person/entity that has been harmed).
In criminal cases, the victim does not have an individual criminal cause of action against the defendant. In other words, the prosecution can proceed against a criminal defendant regardless of whether the victim wants the prosecution to go forward. Criminal defendants have a variety of constitutional rights, including:
- The right to be free from any unreasonable searches and seizures (Fourth Amendment to the U.S. Constitution),
- The right to remain silent (Fifth Amendment to the U.S. Constitution),
- The right to a trial before a judge or a jury (Article Three of the U.S. Constitution),
- The right to confront and cross-examine witness against them (Sixth Amendment to the U.S. Constitution),
- The right to a speedy and public trial (Sixth Amendment to the U.S. Constitution),
- The right to be represented by an attorney (Sixth Amendment to the U.S. Constitution).
God Bless you Stephen, wish you all the successes in life.
“Stephen is a great contact and extremely helpful and knowledgeable. I am glad that I was his client in the past. Top lawyer, top man. God Bless you Stephen, wish you all the successes in life.”
Don't hesitate to contact them!
“I was referred to this group of Attorneys. I was started with a low cost made arrangements. My case had to do with assault allegations. The case was dismissed they helped me not to loose my daughter to the system.”
Never Talk To Police
Know your rights when questioned by law enforcement.Defend Your Rights
Learn What To Do When Confronted and Interviewed By The Police
Honest & practical advice during a free initial consultation. Call now to get started!Read More
Don't Plead Guilty!
A plea bargain may not be in your favor. Let us help evaluate all of your options.Learn More