I have a right to due process... What exactly *is* Due Process? What happens if I don't get it?
Answers:
Due process is the catchall for insuring your rights are not violated any step of the judicial system. It includes your right to remain silent, the right to an attorney, the right to have your property searched only under a properly executed warrant, the right to a jury trial, the right to a speedy trial, the right to appeal your case on points of law, and many other factors.
If you do not get due process at any point, you have several rights. This includes dismissal of the charges, restrictions of evidence that can be used against you, or as a basis for an appeal for your conviction or sentencing.
That's the basics. A full understanding requires a law degree with specialities in that field of law.
It means that you are entitled to follow the full procedure of the law. You are entitled to have your story heard and to have someone represent your rights ( a lawyer). You are entitled to appeal if you do not agree with a decision. This appeal can be taken to the highest court in the land.
If you feel that your rights have not been respected, you can lodge complaints with the government agency that monitors the law.
due process is right to speedy trail with jury of your peers. basically a right to access to the legal system. if you don't get it and you are held in jail you have right to habaes corpus hearing with a lawyer..basically stating you are being held without receiving your basic rights..people do habaes on everything from not getting due process to the jail's conditions etc.
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