Don't Hesitate to Call Us Today!

New York: 212-652-2782

Yonkers: 914-226-3400

The Sanders Firm, P.C.: Procedural Due Process and Liberty Interests

In New York, The Sanders Firm, P.C. works in every aspect of civil rights law, including violations related to liberty interests and procedural due process. Contained in the Fifth Amendment to the United States Constitution and in the Fourteenth Amendment, due process is a right that ensures an individual receives a fair trial. The concept behind the idea of a fair trial; is that standards must be followed to preserve a person’s liberty interest as defined by the United States Constitution. For example, in a criminal trial the defendant and his/her attorney must have the opportunity to present a defense. Procedural due process ensures that all parties will follow procedures as they relate to the law, adhering to standards set by the court.

Due Process and Liberty Interests

Procedural due process is not actually written into the Fourth Amendment or specifically mentioned in the Fifth and Fourteenth Amendments, but is inferred. The Fourth Amendment observes that individuals are secure from “unreasonable searches and seizures.” It also states that in criminal cases “no Warrants shall issue, but upon probable cause.”

Thus, prior to a searching a person’s home and evidence found that might link them to a crime and result in the seizure of an individual, there must be probable cause. The Fifth Amendment describes generally how criminal cases against a person proceeds and includes the phrase “due process of law.”

The Fifth Amendment states in full, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The amendment is careful to note that a person must not be deprived their liberty interest without due process of law. If a person is guilty after a trial, then he/she can be subject to the loss of their liberty interests as defined in the United States Constitution. This is often the case with a criminal conviction, as defendants’ stand to lose many rights and privileges that most of us take for granted.

Process Breaking Down

The Sanders Firm, P.C. in New York has observed that many times a person’s procedural due process rights are not protected or intentionally altered the results are devastating as a person may in fact lose their liberty interest in direct conflict with the United States Constitution. Sometimes it is the result of state legislatures diminishing protections, the courts making questionable rulings and other times it involves negligence or even misconduct by officers of the court, but no matter what the reason may be, whenever procedural due process is subverted everyone loses. It harms every part of our democracy and undermines our freedoms.

Fighting for Liberty Interests

If you have a loss of liberty interest in a case because procedural due process has in some way be subverted and your civil rights violated, contact The Sanders Firm, P.C. in New York City. We will work arduously to ensure you receive justice. Contact us today. We will be your voice for justice.

Subscribe to our Blog

Get our latest blogs to gain more legal insights.