Full question:
district attorney claims i violated a restraining order and arrested me i asked what i did but all they would say is that we will have a plea bargin for you
- Category: Criminal
- Date:
- State: Colorado
Answer:
You have the right to know the charges against you in any U.S. court. However, the time it takes for authorities to inform you of those charges can vary. They might be gathering evidence or deciding on the charges while you are detained.
Under the Sixth Amendment, you have the right to be informed of the nature and cause of the accusations against you. An indictment must clearly state all elements of the alleged crime. The Supreme Court ruled in United States v. Carll (1882) that simply restating the statute is insufficient unless it clearly outlines all necessary elements of the offense.
The Sixth Amendment, applicable to states through the Fourteenth Amendment, guarantees that you are clearly informed of the charges to prepare your defense. Courts assess whether you received adequate notice by examining the information provided. The purpose of this information is to give you enough detail about the charges to prepare your defense effectively, as noted in James v. Borg (24 F.3d 20, 24 (9th Cir.)). Thus, you have a fundamental right to be informed about the charges against you.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.