“We must acknowledge these attacks on fundamental constitutional rights and fight for better standards to be implemented."
LOS ANGELES, CA, UNITED STATES, April 28, 2020 /EINPresswire.com/ — The novel coronavirus is creating devastation not only to individual’s health, but also to the entire criminal justice system. According to legal experts, the pandemic will have repercussions for a criminal defendants’ right to a speedy trial under the Sixth Amendment of the Constitution. If that right is found to be violated, a defendant’s conviction or sentence can be set aside. Most states have statutory speedy trial limits and says the impact of the virus is going to overwhelm dockets in courthouses all over the country. Vincent Imhoff, Managing Director of Imhoff & Associates, and Shannon Leis, Managing Attorney at Imhoff & Associates, certainly are frustrated by the current state the criminal justice system is in. They too agree that some constitution violations are most certainly being enacted as we speak. The two co-authored an article detailing such specifics in the Imhoff & Associates Newsletter. Check out their thoughts below from the Imhoff & Associates Newsletter.
“In California, the Chief Justice and the Judicial Council voted unanimously to extend what qualifies as a speedy trial during the COVID-19 pandemic, states the Imhoff & Associates Newsletter . “As a result, criminal defendants now face longer waits in pretrial detention and for key hearings. Deadlines for a felony defendant to appear in court extends from 48 hours to 7 days, for a preliminary hearing to be held from 10 days to 30 days, for a speedy trial for an additional 30 days. These changes are to remain in effect even after the emergency ends for an additional 90 days. Imagine being arrested and sitting in jail for an entire week before seeing a judge regarding release.”
Many federal and state courts have suspended or postponed criminal jury trials. Among the states most seriously affected by the pandemic is New York, where state courts responded by ordering courts to finish pending criminal and civil trials while delaying new trials until further notice. In Washington state, multiple courts suspended or delayed trials. California has issued no statewide delays or restrictions, which is why individual courts have to decide how to handle new cases.
“While extensions of time may be necessary in some cases, these blanket time extensions are a betrayal of justice and an attack on fundamental due process rights”, continues the Imhoff & Associates Newsletter. “We should be alarmed and fiercely resist any effort to normalize attacks on due process rights where less offensive means are available to address an issue.”
Due entirely to the pandemic, there still seems to be more breaches to be aware of than solely Sixth Amendment rights. The pandemic is resulting in compromised Fifth and Eighth Amendment rights of defendants in custody as well. At a time when the government is urging Americans to follow CDC guidelines, almost every single guideline is being violated in its jails and prisons. The crowded and shared living spaces make social distancing virtually impossible. Detainees are not provided masks, and living spaces are not properly cleaned and sanitized. The Fifth Amendment forbids any form of punishment for those held in pretrial detention and the Eighth Amendment prohibits cruel and unusual punishment. Although all might seem hopeless, Vincent and Shannon believe that the system can turn around with a serious dedication to preserving rights and that a solution is on the horizon.
“We must acknowledge these attacks on fundamental constitutional rights and fight for better standards to be implemented. We should be alarmed and fiercely resist any effort to normalize attacks on due process rights where less offensive means are available to address an issue,” concludes the Imhoff & Associates Newsletter. “With trials suspended and arrests down, judges should have sufficient time to conduct video arraignments and pretrial hearings. Every effort should be made to respect and afford due process. The consequences could not be graver; being incarcerated awaiting trial or serving a sentence should not amount to a death sentence. It is our duty to demand better.”
Imhoff & Associates
Imhoff & Associates, PC, provides the highest quality representation for individuals who have been accused of committing criminal offenses. They understand that people who come to them are going through some of the most stressful times in their lives and want these individuals to know they do not have to work through these matters alone. Their nationwide criminal defense attorneys are prepared to provide creative, hard-hitting defenses for clients across the nation, no matter what the case may entail, how complicated matters may seem, or what crimes the accused are charged with. "We have a powerful and highly experienced team of attorneys from different legal backgrounds in your area and we bring the determination to win, a great deal of resources, and extensive knowledge to every case we handle", states Imhoff & Associates. "Let us put our extensive experience and successful track record of defending thousands of clients to work defending you!"
If you have been accused of committing a criminal offense, it is essential that you reach out to their firm as soon as possible. The sooner you begin working with them, the sooner they can begin examining every detail surrounding your case, gathering all the evidence, and building the strongest defense possible. Because they have experienced lawyers throughout the nation, they are knowledgeable of every state’s criminal laws, and know how all of these states’ criminal proceedings are carried out.
"Individuals who turn to our firm for defense are met with respect, honesty, and diligence throughout the entirety of their case," states Imhoff & Associates. "No two cases are alike, and we ensure every client is provided with the customized defense needed to meet their unique needs. We believe in doing everything we can to put our client's minds at ease, which is why we also implement one-time, flat-fees. This means you do not have to worry about how long you are on the phone with us or how many times you meet with us; you will never be charged any hidden expenses." With Imhoff & Associates, it looks like no matter what your case entails, you will work with the right attorney for your case; someone who is from your area, is well-versed in that particular area of law, and knows how to customize the best possible defense for your specific case.
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Source: EIN Presswire