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Every individual has fundamental rights provided by the constitution. Everyone is regarded as the part of that government as it makes him responsible towards the law enforcement agencies in that particular area of the world. To this end constitution covers the whole process for example access to the attorney, right to impartial trial. This paper provides the overview of the rights afforded to the accused in America.

In this paper the case of John Doe who is residing in America without legal documents is taken into account. When John is in custody of police, the police must take a written statement from the John and also provide him a translator if English is not his native language. Written statement should be what he is admitting, not different what he tells. As John lacks the money and can not afford to hire a lawyer, it is his right to get the services of a lawyer freely. He must be given all fundamental rights at police station.

At the police station after the arrest of the accused following steps are taken

The suspect undergoes the booking as the suspect information about the photographing and fingerprinting are completed.

As the police officer decides that the evidence is enough to file charges, he prepares the complaint.

The complaint is filed and the suspect John is now brought before the magistrate it is called as first appearance in mostly states of America. The magistrate informs about the charges made against the suspect and informs that he has right to counsel or set bail.

As thiscase is the felony case and preliminary hearing is held and live eyewitness is brought before the magistrate and magistrate finds the probable cause to believe that John has committed the crime that is charged against him.

Next step is to hear the prosecutor evidence and indictment is issued.

As the information or indictment has been filed and the John is arraigned and he is brought before the trial court and he is asked to plead innocent or guilty. Next step involved is the trial before the jury. As the case is felony or misdemeanor and John can be punished more than six months in prison. At his stage John is given right to have the case tried before the jury. However a comparison and contrast describes the Jury and Preliminary Hearing in a sense to provide the John an impartial hearing of the case and finding the probable causes of the felony. In Preliminary Hearing a counsel is representing the John side and cross-examines witnesses right is given to John against him. The magistrate on the proceeding can make the decision on the information provided by the John’s counsel.

A decision at the Preliminary Hearing is final from the magistrate and prosecutor’s decision is merely advisory. On the other hand Jury proceeding is a closed secret proceeding. Jury decides solely on the prosecutor’s evidence provided. This process may be held in the absence of the accused John. John has no right to have a lawyer at any stage of Jury proceeding. The judge will take into consideration the financial condition, health problems of the accused as John has come to earn his living. He will have to pay 10 percent of the amount he was accused. This bond assures that John will show up when he is required by the court.

Code: Sample20

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