The United States Constitution and Arizona State Constitution afford numerous rights to those charged with a crime. Everyone needs a defense attorney to help them understand what their rights are and how to protect them. Many rights are WAIVED if not DEMANDED. The courthouses have announced they are balancing the safety of everyone and preventing the spread of coronavirus with the efficient administration of justice. Despite these stated goals, many of your constitutional rights are being violated and you need a criminal defense lawyer to help protect you.
The first is the Right to Due Process which essentially means there must be a fair application of the United States laws and Arizona law and, thus, a fair trial before you can be punished, have your property taken away, or be imprisoned. This is currently being impacted by coronavirus because the courts have been shifting how they adjudicate criminal cases. It is of course a moving target for everyone regardless of industry to try to adapt to coronavirus, but there does not seem to be a clear equal application of how court proceedings are being handled. Each judge has the discretion to decide what proceedings are happening and whether they happen in person or virtually.
Next is your Right to Confrontation, which means you have the right as the accused to confront the witnesses against you that claim you have broken the law and to ask them questions under oath. This has historically meant face-to-face confrontation in a courtroom. Cases where this right was violated by having a witness testify via video have been overturned in many circumstances. Considering that the vast majority of pretrial hearings are currently being conducted virtually due to coronavirus, this is a violation of your constitutional rights. During pretrial hearings a judge will often decide if your rights were violated by the police. If they were violated that evidence gets dismissed and a jury will never hear it. However, if the judge finds your rights were not violated then a jury can hear that evidence. Oftentimes, whether your case goes to a jury trial or gets dismissed is decided at the pretrial motions stage which is why it is so important. When a judge is tasked with assessing the credibility of a witness to determine a crucial piece of evidence in your case – do they have a bias, a motive to lie, are they inaccurate, have memory problems, etc. – having that person testify live where the judge can hear them, see their affect, and be subject to cross examination by the defense attorney to test them to assist the judge in making that decision, is crucial. So much is lost when it is done virtually. Not to mention technological glitches and delays in hearing/seeing someone virtually. As such, the Right to Confrontation is one of the most important constitutional rights in the United States.
Another right which is being impacted is the Right to be Present for all criminal court proceedings. In the United States we do not have secret trials where someone is convicted and imprisoned and they find out later that their trial took place without them. You have the right to be present physically for every single proceeding unless you waive that right. Aside from your right to be present, there is an equally important constitutional right for the public, including the press, to attend court proceedings. For these reasons the courthouse has remained open but limitations on the number of people allowed inside each courtroom are in place. Similarly, the Right to Present a Defense is being tampered with. The courts are putting pressure on attorneys to limit the number of witnesses they subpoena and call testify in all hearings during coronavirus.
Another major right being impacted by coronavirus is your Right to a Speedy Trial. With exceptions, the United States Constitution requires that the government bring your case to trial within 180 days of you being charged. Failure to do so can result in dismissal of your case but this is one of the rights that is on you to demand. In addition to the United States Constitution, there are criminal procedure rules in Arizona that guarantee a speedy trial. One is Rule 8 of the Arizona Criminal Procedure Statute and by administrative order, this rule is waived during coronavirus. How exactly a criminal accused rights can be simply 'waived' without them waiving those rights will be litigated in the future as this is not how our system of justice is designed.
There is perhaps nothing more American, than the Right to a Trial by Jury, to have your case decided by your peers from your community. If you are charged with a crime, with the exception of very minor charges, you have the sole right to decide if a judge or jury determines whether you are guilty. Since mid-March through at least the end of May 2020, no jury trials are happening at all. This means that if you wish to have your case heard by a jury, there is no option except for the court to postpone your case. Demanding a jury trial and demanding a speedy trial right now are crucial because the longer you are denied these rights, the better the chance of your case being dismissed due to constitutional rights violations.