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Preserving a Defendant’s Constitutional Rights in a Criminal Case: What You Need to Know

Apr 17

3 min read

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When you're facing criminal charges in Michigan, your rights are on the line—and often, the prosecution is not playing fair. Whether you’ve been charged with a misdemeanor or a serious felony, protecting your constitutional rights from the very beginning is critical. Unfortunately, these rights are sometimes violated by prosecutors, law enforcement, or even the court itself. That’s why hiring an experienced criminal defense attorney in Michigan is one of the most important decisions you can make.


Understanding Your Constitutional Rights


Every person accused of a crime in Michigan has specific protections guaranteed by the U.S. Constitution. Some of the most commonly violated rights include:


1. The Right to Remain Silent (5th Amendment)

You don’t have to speak to police or prosecutors—period. Yet, many people unknowingly talk themselves into trouble. A good defense attorney will advise you early on to invoke your right to silence.


2. The Right to Due Process (5th and 14th Amendments)

You have the right to fair treatment under the law, including timely notification of charges and a meaningful opportunity to defend yourself. Prosecutors who withhold evidence or delay proceedings violate this right.


3. The Right to an Attorney (6th Amendment)

Don’t wait to “see how things go.” From arraignment to trial, your lawyer should be protecting your interests. If you’re in Michigan, working with a skilled criminal defense lawyer ensures your rights are upheld at every stage.


4. The Right to a Speedy Trial (6th Amendment)

Delays by the prosecution can create major problems for your defense. A strong attorney will challenge unnecessary delays that hurt your case.


5. The Right to Confront Witnesses (6th Amendment)

You have the right to question anyone testifying against you. If prosecutors try to sidestep this through hearsay or last-minute witnesses, it must be challenged in court.


6. Protection Against Illegal Searches (4th Amendment)

If evidence was obtained without a warrant or probable cause, your attorney can file a motion to suppress it—possibly getting the case thrown out.


How a Criminal Defense Attorney in Michigan Protects You


Attorneys like Bill Amadeo, a well-known criminal defense attorney in Michigan, are on the front lines of fighting for these rights every day. In a recent March 2025 trial, Amadeo attempted to present rebuttal witnesses to counter the prosecution’s narrative—only for the judge to deny the request. Even though his witnesses were not allowed to testify, Amadeo preserved this issue for appeal, laying the groundwork for the case to be reviewed at the appellate level.


This is a powerful example of what great defense work looks like: not just fighting the immediate battle, but preparing for long-term success.


A knowledgeable Michigan criminal defense attorney doesn’t just argue in court—they:


  • Challenge unconstitutional police conduct

  • Demand full discovery and evidence

  • File motions to suppress illegally obtained materials

  • Preserve appellate issues for higher courts

  • Fight aggressively at trial while protecting your record for appeal


Tips for Defendants to Protect Their Rights


You can also take proactive steps to protect yourself:


✅ Invoke Your Right to Remain Silent

The moment you’re contacted by police, ask for an attorney and say nothing else. Talking without counsel is one of the most damaging mistakes defendants make.


✅ Don’t Talk About the Case

Don’t post on social media, talk to friends, or share information with anyone but your attorney. Jail calls are recorded. Even innocent remarks can be twisted in court.


✅ Hire a Criminal Defense Attorney Early

The sooner you get a criminal defense attorney in Michigan, the more they can do to build your defense and protect your rights.


✅ Trust Your Lawyer

You hired a professional for a reason. Don’t second-guess their legal advice—ask questions, stay informed, and follow their strategy.


Why Hiring the Right Criminal Defense Attorney in Michigan Matters


Choosing the right lawyer could be the most important decision of your life. Attorneys like Bill Amadeo are known for their strategic litigation, aggressive courtroom demeanor, and passion for justice. From motion hearings to jury trials, they make sure every constitutional right is not just preserved—but enforced.


So if you’re facing criminal charges in Michigan, don’t wait. Reach out to a trusted and experienced Michigan criminal defense attorney who will stand by your side and fight for your future.


🔎 Looking for a Criminal Defense Attorney in Michigan?


If you or a loved one needs legal representation, contact a proven advocate who understands the stakes. Bill Amadeo and other top Michigan defense attorneys have the knowledge, passion, and grit to make a difference.


Your rights matter. Your future matters. Choose an attorney who treats it that way.

Apr 17

3 min read

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28

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