Palm Beach County criminal trial lawyer Andrew D. Stine explains protections afforded by the 6th Amendment “Confrontation Clause” to those who stand trial.
Florida - West Palm Beach criminal lawyer Andrew D. Stine has made a sample motion available to the public online that has been developed to help criminal defendants protect their right to a fair trial. The motion is aimed at preventing “unlawful hearsay” from being introduced into criminal proceedings, an issue the attorney says negatively impacts the trial outcomes of numerous defendants in Palm Beach County each year.
Assessing the “Confrontation Clause” of the 6th Amendment
According to attorney Andrew D. Stine, one of the most significant areas of concern for individuals who face criminal charges is their right to confront those who have accused them of criminal acts. The 6th Amendment of the U.S. Constitution contains a “Confrontation Clause” that specifically says “In all criminal proceedings, the accused shall enjoy the right to be confronted with the witnesses against him.”
This, the attorney suggests in many cases is challenged by circumstances that open the door for harmful, undisputed hearsay to be introduced into criminal proceedings such as testimony from a law enforcement officer about what he or she was told by a 911 operator.
The attorney says that a jury’s perception of guilt can be persuaded fairly easily if it is an officer of law, or someone deemed to be upstanding in the community testifying in such a way that other witness testimony against a defendant is bolstered. The risk of this is high for defendants who are accused of crimes in cases where a 911 call has been made, the alleged suspect is not found on the scene when officers respond, and the 911 operator is not called to testify. The version of events given to jurors may be void of important key facts, as expressed below.
Source: “Your Right to a Fair Trial in Palm Beach County”
“The officer is boot strapping the out of court statements, made by the 911 operator and complaining witness, into his sworn testimony and adopting it as his own recollection of the facts. This bolstering of evidence if gone unchecked, meaning not properly objected to by competent criminal defense counsel, can be harmful and lead to wrongful convictions of the accused.”
To read more visit http://www.andrewdstine.com/your-right-to-a-fair-trial-in-palm-beach-county/.
A Defendant’s Right to Confront Their Accuser
As Stine points out on his website, “The “Confrontation Clause,” contains very important rights that allow a criminal defendant to have those who are accusing them of crime to: be present at trial through the subpoena power; be made to testify at trial through being called as a witness; and be vigorously cross-examined at trial.”
As further noted “Those rights contained in the “Confrontation Clause” are enjoyed by all accused; and provide protection against government overreach and malicious prosecution.”
The sample motion prepared by Stine is designed to help defendants in the state of Florida and elsewhere ensure that their right to confront those who have accused them of criminal wrongdoing is not impeded on. The motion has been made available for the general public, including other criminal lawyers.
To view the full sample motion prepared by Florida criminal attorney Andrew D. Stine, please visit http://www.andrewdstine.com/your-right-to-a-fair-trial-in-palm-beach-county/.
About Attorney Andrew D. Stine, P.A.
Andrew D. Stine is a West Palm Beach criminal attorney who provides legal representation for defendants who have been charged with a Florida state or federal crime. The attorney, who previously practiced as a public defender for the Palm Beach County Appellate Division, has more than 10 years of experience in the legal field.
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