The United States Constitution, the Missouri Constitution, and the Illinois Constitution all guarantee those accused of crimes the following rights:

Right to a Lawyer – Defendants have the right to an attorney throughout a criminal prosecution.

Right to a Jury Trial – Defendants have the right to a speedy, public jury trial. The defendant is presumed innocent, and cannot be convicted unless twelve impartial jurors are convinced of the defendant’s guilt beyond a reasonable doubt.

Right to Confront Witnesses – Defendants have the right to confront and cross-examine all witnesses testifying against them.

Right Against Self-Incrimination – Defendants have the right to remain silent and not incriminate themselves. They also have the right to testify on their own behalf.

Right to Produce Evidence – Defendants have the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.

At Wittner, Spewak & Maylack, P.C., we protect the rights of clients throughout Missouri, including but not limited to the St. Louis metropolitan counties of St. Louis, St. Charles, Jefferson, Franklin and Lincoln. We also handle misdemeanor and felony cases in Illinois. We apply the principles of reasonable suspicion, probable cause, and proof beyond a reasonable doubt at every stage of a criminal case. Critical stages of a criminal case include the following:

Critical Stages of a Criminal Prosecution

Arrest – Police arrest based on probable cause that a crime was committed. They then turn over the evidence to the prosecutor who decides whether to file charges and if so, which one(s).

Criminal Complaint – The complaint is a document that alleges charges against a person.

Arraignment – At this stage, a person is advised of the charges and his or her constitutional rights.

Preliminary Hearing – Preliminary hearings are only held in felony cases. At this hearing, the judge determines whether there is enough evidence to support the charges.

Pretrial Conference – The defense attorney discusses the case with the prosecutor and the judge at the pre-trial conference.

Trial – In almost all cases, a person is entitled to have a trial by jury. At the trial, the prosecutor and defense attorney have an opportunity to make an opening statement, introduce witnesses and evidence in favor of their case, cross-examine witnesses and offer closing arguments. During deliberations, the jury decides whether the prosecutor has met the burden of proving guilt beyond a reasonable doubt.

Sentencing – If the jury finds a defendant guilty, the judge imposes the punishment at sentencing.

Collateral Consequences of a Criminal Conviction - In many cases, a criminal conviction can result in losing the right to vote, losing the right to possess a firearm, losing the right to associate with other known criminals and/or having to register as a sexual or narcotics offender. A criminal conviction can also be used as a penalty enhancer if there are future convictions.

Appeal – If convicted, a person may file an appeal. Common appellate issues include errors made by the judge or defense attorney that resulted in a denial of due process of law or a denial of a fair trial.

For further information about your Constitutional rights, please contact Wittner, Spewak & Maylack, P.C. today. We offer:

• Broad legal experience in diverse areas of the law

• AV rated lawyers who practice law with honesty and integrity

• Lawyers licensed in Missouri, Illinois and Texas

• Emergency service and flexible office hours

• Personal care and attention by experienced trial attorneys