Your Voice In Life's Uncertain Times

What is due process?

| Feb 12, 2019 | Criminal Defense |

As Americans, we have many rights that the government cannot take away from us. The government and its representatives, including law enforcement, must observe are basic rights as outlined by law. Specifically, the rights given to us in the U.S. Constitution are of the most highly regarded rights we have. If law enforcement places you under arrest in Wisconsin, they have to make sure to take your rights into consideration in everything they do.

According to USHistoy.org, the right to have the law applied fairly and equally to all people is of utmost importance when it comes to an arrest or criminal charge. This is the right to due process. You have probably heard of it before. People discuss it all the time. You will also find this right mentioned in the constitution in the 5th and 14th Amendments.

The right to due process prevents discrimination. It helps to ensure fairness under the law. It can protect people who might become a target for some reason. It is one of the inalienable rights you have from birth and law enforcement cannot take it away.

If you feel as if your treatment is unfair or that law enforcement is treating you in a way that is different from how they would treat someone else in the same situation, then you might have a due process issue. You need to carefully examine the situation to see what is happening and whether or not there has been a violation of your right to due process. This information is for education. It is not legal advice.