An Individual’s Rights In An Alabama Court Case

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Being part of a criminal trial in the state of Alabama can prove to be a substantial obstacle for many individuals. Fortunately, there are some specific rights that individuals maintain during criminal trials to help maintain an element of fairness in the proceeding. An individual's lawyer will be able to not only just remind an individual about the existence of these rights but also how to utilize these rights in the most efficient manner. Some of the specific rights that individuals keep during a court case include the following powers.

The Right To A Jury Trial in Alabama Cases

The Sixth Amendment and other parts of the Constitution of the United States grant individuals the right to a jury trial in a criminal case. This right, however, extends to only certain types of cases. Jury trials apply to only cases that involve charges that courts deem to be “serious” offenses. The state of Alabama also occasionally extends the right to jury trial to other cases.

The Right in Alabama To Call Witnesses

The Constitution of the United States grants individuals the right to gather evidence to defense against charges and to cross examine witnesses that are presented by the prosecution. This right gives witnesses an opportunity to refute the prosecution's evidence.

The Right Not To Testify in Alabama

Individuals who are facing criminal charges also have the right to not testify during a trial. In many situations, individuals choose to use the right. There are actually a variety of reasons why individuals decide not to testify at trial which include: individuals might desire to preserve their right against self-incrimination, individuals feel that cross-examination would be particularly strenuous, and individuals may simply be uncomfortable with testifying.

The Right To The Best Lawyer in Alabama

The Fifth and Sixth Amendments to the Constitution provide individuals with the right to an attorney if the individual has been arrested and accused of a crime. This right exists even if the individual cannot afford legal representation. Retaining legal counsel is often a very wise idea because experienced attorneys know how the legal system works. Top Birmingham criminal defense attorneys also have connections with local judges and attorneys and a track record of helping others involved in similar situations.

Individuals must make sure to clearly and directly request the services of a lawyer when arrested or confronted by law enforcement. Individuals who request legal counsel in the middle of an interrogation should then wait quietly and decline to answer any more questions until an attorney is present.

In the event that an individual face significant financial difficulties then the court will appoint an attorney. Many court appointed lawyers are particularly busy and will not be able to see clients immediately, which is why it is often a better idea to choose other types of legal counsel. A skilled Birmingham criminal defense attorney will be able to help in several ways including by: thoroughly reviewing the charges against an individual, ensuring that an individual's rights are not violated, and helping individuals avoid taking any steps that will make a case weaker.

How An Experienced Birmingham Criminal Defense Attorney Can Help


It is critical that individuals in the state of Alabama understand the various rights that exist during a criminal trial. By retaining a top Birmingham criminal defense attorney, individuals can prepare to respond to criminal charges in the strongest possible manner. Contact Eversole Law LLC today to speak to an attorney who has helped many clients in similar situations.

We serve the following localities:

Birmingham, Jefferson County including Bessemer, Homewood, Hoover, Irondale, Leeds, Mountain Brook, Trussville, and Vestavia Hills, Shelby County (including Pelham, Alabaster, Chelsea, Calera), Tuscaloosa, Auburn, Huntsville, Calhoun County including Anniston, Etowah County including Boaz and Gadsden, Cullman County including Arab and Cullman, Madison County including Huntsville and Madison, Montgomery County including Montgomery, and all of Alabama.

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