Under the California Constitution lies a Declaration of Rights that refers to a process known as “due process.” Section 1 states, “A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws.” Due process can be found in the 5th and 14th amendments on federal, state, and local governmental levels. This means that you cannot be deprived of your rights without proper legal proceedings taking place first, such as a trial.
Procedural Due Process
There are two main types of due process: Substantive and procedural. Substantive focuses on government regulation that denies you of your fundamental rights. Procedural due process, on the other hand, focuses on fair and timely procedures whenever the government breaches your rights, life, or property. The government must provide you, then, with a right to a hearing and the right to a decision in front of a neutral party.
If you have been deprived, you have procedural protections through the court. Some of these include the right to counsel to contest a matter, the right to cross-examine a witness, right to recover compensation for wrongful deprivation, and a notice to garnish a person’s wages. You have many options in these unique circumstances.
If you have been deprived of your rights, you will have the opportunity to challenge and contest an issue with better procedural safeguards in place. If you have questions regarding your rights on due process, you should contact us today. We will help you understand your rights and speak with you about how to move forward in your defense.