When someone is accused of a crime in Maryland, the Constitution provides important protections. These protections, known as due process rights, make sure that no one is unfairly punished or deprived of their freedom without proper legal procedures. Both the U.S. Constitution and the Maryland Declaration of Rights include due process guarantees.
Together, they help ensure that every person facing criminal charges is treated fairly under the law.
What Does Due Process Mean?
At its core, due process means the government must respect a person’s legal rights before it can take away life, liberty, or property. In other words, the state cannot punish someone or restrict their freedom unless it follows fair procedures.
There are two main forms of due process:
- Procedural due process requires the state to use fair procedures before acting against someone. For example, defendants are entitled to notice of charges, an opportunity to be heard, and a trial before an impartial judge or jury.
- Substantive due process limits the government’s power to pass certain laws at all. This means that laws infringing upon certain fundamental rights (like privacy or free speech) may still be unconstitutional even if they have fair procedures in place.
In Maryland criminal cases, both forms of due process could potentially come into play, though procedural protections are the most common.
Due Process Under the U.S. Constitution
The U.S. Constitution guarantees due process through the Fifth and Fourteenth Amendments. The Fifth Amendment applies to the federal government, while the Fourteenth Amendment extends these protections to the states and their citizens. For Maryland defendants, this means that local police, prosecutors, and courts must comply with federal due process standards.
Key protections include:
- The right to a fair trial before conviction
- The right to remain silent and avoid self-incrimination
- The right to confront witnesses and present evidence
- Protection against double jeopardy, meaning you cannot be tried twice for the same offense
- The right to legal counsel if you face the possibility of jail time
You are also granted rights under Maryland state law, in addition to those protected by federal law through the United States Constitution.
Due Process in the Maryland Declaration of Rights
Maryland has its own constitutional protections, in addition to those outlined in the U.S. Constitution. Article 24 of the Maryland Declaration of Rights guarantees that no person shall be deprived of life, liberty, or property without “the law of the land.” Maryland courts interpret this phrase as the equivalent of due process.
This state-level guarantee often mirrors federal protections, but it can sometimes go further. For instance, Maryland courts may apply stricter rules when deciding whether police actions violated a defendant’s rights.
Examples of Due Process Violations
Understanding what counts as a violation can help defendants recognize when their rights are at risk.
Common examples include, but are not limited to, the following:
- Improper police conduct
- Unfair trial procedures
- Delayed hearings
- Prosecutorial misconduct
When due process violations occur, courts may exclude certain evidence or drop the charges altogether.
How Due Process Protects Defendants in Maryland
In practice, due process serves as a safeguard against government overreach. For example, prosecutors must share evidence with the defense, including information that could help prove innocence. Police must also follow constitutional rules during searches, traffic stops, and arrests. Judges are tasked with ensuring proceedings are fair, and defense attorneys can object when rules are not followed.
These protections are not just technicalities. Instead, they aim to prevent wrongful convictions and reinforce the idea that the state must prove guilt rather than forcing defendants to prove innocence.
How a Criminal Defense Lawyer Can Protect Your Rights
Due process may seem like a relatively simple concept on the surface, but it is often much more complicated when a full case’s facts and circumstances come into play.
A criminal defense attorney can help protect you in circumstances like these by:
- Reviewing whether the police acted lawfully when gathering evidence
- Challenging unconstitutional searches or interrogations
- Arguing for a dismissal if the prosecution mishandled evidence
- Ensuring that all court proceedings meet constitutional standards
In any criminal case, you’re innocent until proven guilty beyond a reasonable doubt. Due process rights are in place largely to ensure that the criminal justice system functions as intended.
Contact a Maryland Criminal Defense Lawyer to Schedule a Free Consultation
If you have been charged with a crime in Maryland, it is critical to understand your constitutional rights. Due process protections are designed to ensure the fairness of the legal system, but violations still occur. An experienced Maryland criminal defense lawyer can help you throughout the process and ensure that all of your legal rights are fully represented.
Contact our law firm, Alpert Schreyer Criminal Defense Attorneys, today to begin with a complimentary initial consultation at (301) 262-7005.
