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How Criminal Defense Upholds the Constitution

No matter where you go in this world, every country deals with crime and punishment in its own way. America was founded partly on the belief that criminal defense was an integral part of a just society. Today, defense attorneys continue to protect the rights guaranteed in the Constitution and ensure their sanctity.

Criminal Defense & the Constitution

Criminal defense is an integral part of the United States justice system and has been ever since our country’s inception. In Article III of the Constitution, it says, “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; (…)” The founders of our country believed in trial by jury because they felt no one man should have absolute power over another person’s fate. Trial by jury attempts to ensure the accused receives a fair and just verdict for their assumed crimes.

A few years after the Constitution was created, the government added the first Amendments. Amendment V of the Constitution states, “No person shall (…) be deprived of life, liberty, or property, without due process of the law.” Criminal defense is a necessary aspect of due process, as defendants’ must have a chance to hold the State to their high burden before the court hands down a sentence.

Lastly, Amendment VI outlines the various rights of the accused in a criminal prosecution. A few of the rights mentioned in this Amendment require criminal defense. The last right of this amendment states, “the accused shall enjoy the right (…) to have the Assistance of Counsel for his defence.” Therefore, experienced criminal defense representation fulfills this right, ensuring all trials in the United States uphold our forefathers’ ideals.

As you can see, criminal defense was as crucial at the start of our nation as it is to us today. Criminal defense attorneys ensure that your right to trial by jury, due process of the law, and assistance of counsel are protected. At Caplan & Tamburino, we will continue to fight for the rights of the accused, fully backed by those who brought the United States into existence.


What Our Clients Are Saying

  • “ Today I had a court appearance where your attorney, LIS CARLSON represented me. I must start at the beginning, MS. CARLSON returned my phone call to her with in an hour of my first call to your office. I was overwhelmed with gratitude for the quick response to my call & most important how LIS immediately made me feel, she was professional, caring, her ability to immediately know that I was a total mess. Before she finished with my call she made sure that I was alright, her compassion for me was extremely needed. I immediately felt there couldn’t be a better attorney in the state better than LIS! Throughout this entire process, Lis was a pillar of strength. I was amazed at how she handled everything with extreme care & some very excellent, professional legal skills. I count my blessings but I count them twice when I came to LIS. The world needs more people like LIS, smart, intelligent, kind and caring.” - P.G.
  • “How do I ever thank you enough for your amazingly great strategy that got my case dismissed! ” - J. E.
  • “ Kayla Wengronowitz was my attorney in a claim against me involving Title IX and won my difficult and extensive case. She was a beacon of hope to me when my options seemed very limited. Kayla provided clarity for me to understand everything happening in the case, she made smart and calculated decisions, she made sure I was comfortable with every decision she made, and she responded to difficult situations seemingly with ease. Most importantly, Kayla was empathetic and provided comfort throughout the strenuous process. I am extremely grateful for her service and highly recommend her without reservation.” - Anonymous
  • “I strongly recommended to anybody who needs a criminal lawyer representation ” - M.M.
  • “ I just wanted to thank you so much! I am so pleased with all the hard work you put in. I would have never had the chance to get the outcome I did without you. You did an amazing job and we are feeling very greatful to have made the right call when we chose you.” - P.K.
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