b'Made up of seven main parts, called the articles, the ConstitutionTHERE ARE 27 AMENDMENTS TO THE explicitly details the way the country should be run. FollowingCONSTITUTION. HERE ARE SOME OF THE the articles, there are 27 amendments to the Constitution, whichSPECIFIC AMENDMENTS CRIMINAL DEFENSE work to limit the power of the government, giving more powerATTORNEYS PROTECT, AND HOW:to individual states to govern its citizens in a manner that best serves the state. The first ten Amendments are known as the Bill of Rights, and these amendments were the catalyst that allowedFOURTH AMENDMENTthe ratification of the Constitution by all 13 states.The Fourth Amendment prohibits unreasonable searches and Attorneys in all fields work to zealously represent their clientsseizures, sets requirements for issuing warrants and issues as detailed by the Constitution. Whether a person seeks legalguidelines for probable cause.counsel to obtain a divorce, settle the estate of a deceased family member, seeks restitution from an employer after aEvery citizen has the right to privacy, and the Fourth wrongful termination or needs to defend themselves fromAmendment simply seeks to protect that privacy. If a person criminal prosecution, attorneys call upon the authority of theis accused of a crime, the entities accusing that person of a Constitution to ensure their clients receive the benefit of theircrime have to have a good reason (probable cause) and must rights which were expressly given to them by the founders ofgo through the proper channels (obtaining a warrant) to find the United States. Depending on the situation, an attorney willevidence which could lead to proof of the alleged crime.ensure their clients Constitutional Rights and Defenses are realized and invoked if necessary, such as the right to a fair andOf all the Amendments, the Fourth Amendment is one of the speedy trial, the right to face their accusers, protection againstmost adaptive and ever-changing. In recent years, the rise of discrimination, and more. Each and every attorney in themodern technologyspecifically the commonality of handheld country is required to uphold the Constitution in their practice. camerashas put this Amendment to the test, raising the all-too-important question of where does someone still have a Its no secret that criminal defense attorneys have tough jobs,reasonable expectation of privacy?and many times, depending on the case, the odds are stacked against them: They are tasked with defending a person who may have committed the crime they are accused of against seasoned prosecutors who have the resources of the state or federalFIFTH AMENDMENTgovernment behind them. No matter the severity of the charges, the defense attorney is expected to fight to convince the juryThe Fifth Amendment addresses criminal procedure and of the persons innocence, giving their client the best possibleestablishes due processfair treatment throughout the justice defense along the way. But, because of the Constitution, criminalsystem. The Amendment provides protections against self-defense attorneys have added duties to their already toughincrimination and requires the issuance of the Miranda warning jobs. They must ensure that their clients have had their rightsfor any questioning relating to a crime by a police officer after a respected every step of the way, from initial arrest to their timedefendant is taken into custody.in police custody to the trial; each clients Constitutional rights must be met. One of the more popular and frequently quoted Amendments,Was there probable cause for the clients arrest? the Fifth Amendment dictates what happens during the period between arrest and trial. Innocent until proven guilty isCould any interrogation of the client be deemednot just a popular phrase; its the cornerstone of Americas unfair or unnecessarily aggressive? justice system. Since a person is innocent, it is on the accuser to prove that they indeed did the crime. They must use theBased on the alleged crime, is bail given and setavailable evidence to prove guilt, not any kind of accidental self-at a fair amount? incrimination. And, if a case goes to trial, they must prove theHas the client been held for too long withoutaccused persons guilt at that time. being charged or brought to trial? It is important to find the balance between asserting your constitutional rights and respecting law enforcement, and that These are just a few of the questions a defense attorney must askcomes from knowing the law and how to invoke its protection.and have answered beyond the shadow of a doubt for each client they work with.An important thing for people to know is that they actually need to verbalize that they are invoking the right to remain silent or Modern Criminal Defense is fueled not only by a deep and thor- that they want to have an attorney present. Simply not speaking ough study of current law, but also by an understanding of thedoes not invoke these rights. At the point a person asks for their historical necessity for the creation of these rights. It is throughattorney to be present, the questioning officer should cease her this duality that the Constitution remains relevant today. line of questioning.Continues on next page.63'