Constitutional Rights

Constitutional Rights and Protections for Criminal Defendants

constitutional rights in idaho

The United States and Idaho constitutions offer those accused of a crime many protections. Unfortunately, a lot of people aren’t aware of all of them and end up unknowingly waiving them. Contact a criminal defense attorney to ensure your constitutional rights remain protected.

The United States Constitution and its amendments define the scope of governmental power and reserve certain individual rights to the people. The first 10 amendments, the Bill of Rights, contain basic, fundamental rights of individuals on which government at all levels may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal justice system. The Fourteenth Amendment extends substantive due process rights beyond just the federal system to criminal defendants in state and local courts, where the vast majority of criminal trials occur.

The basic constitutional rights of the criminal defendant permeate every aspect of the criminal justice process. If you have been accused of a crime, whether federal, state or local, a criminal defense attorney with Taylor Law & Mediation in Mountain Home, Idaho, can explain these rights to you and help you to fight for them at every step of the way.

Fundamental Rights

Listed below are the main federal constitutional rights guaranteed to criminal defendants in the United States to promote fair trials. Remember that these rights have been refined and interpreted by the courts and an attorney can advise you about their role in and application to your particular case

  1. The right to due process of law
  2. The right to equal protection under the law
  3. The right to be free from unreasonable search and seizure
  4. The right against self-incrimination or being forced to testify against oneself
  5. The right against double jeopardy or being tried more than once for the same offense
  6. The right to legal counsel
  7. The right to a speedy, public trial
  8. The right to an impartial jury trial
  9. The right to confront witnesses against you
  10. The right to call supporting witnesses
  11. The right to be free from cruel and unusual punishment
  12. The prohibition against ex post facto laws or laws that retroactively criminalize certain acts or increase criminal sanctions
  13. The right to be free from excessive fines or excessive bail
  14. The right to clear notice of criminal charges
  15. The right to a grand jury in federal felony proceedings


Our criminal justice system is designed through constitutional protections to provide a criminal defendant with a fair and speedy trial. If you face any phase of the process, consult an experienced attorney at Taylor Law & Mediation in Mountain Home, Idaho, as early as possible to enlist an important ally in your quest to protect your legal and constitutional rights.