Defining Due Process

If you are charged with a crime, one of the chief responsibilities of your attorney near Charles County will be ensuring that your due process is protected. This video explains the two types of due process that all people are entitled to under the law.

Procedural due process refers to the steps the government must take before depriving an individual of property or freedom. Your lawyer will make sure the government follows due process during a criminal case by confirming that you were treated fairly during your arrest, had access to legal advice from a lawyer when needed, and receive all required hearings. Substantive due process refers to court-protected rights, such as privacy. Your criminal lawyer may argue your due process rights were violated if you were the victim of an illegal search, for instance.