If you have watched the news recently, you have probably heard the term “due process” mentioned in discussions about immigration enforcement or criminal justice. Due process is more than just a legal term. It is a constitutional safeguard that protects everyone in the United States—citizens and non-citizens alike.
Understanding Due Process
Due process is guaranteed by both the Fifth Amendment and the Fourteenth Amendment of the United States Constitution. These amendments prohibit the government from depriving any person of life, liberty, or property without the proper legal procedures. It is a legal promise that the government must follow fair procedures and respect individual rights.
Two Types of Due Process
Due process comes in two main forms: procedural due process and substantive due process.
Procedural Due Process
Procedural due process ensures that the legal process itself is fair. This includes:
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The right to be informed of the charges against you
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The right to a fair and timely hearing
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The right to present evidence and defend yourself in court
For example, if someone is arrested and not informed of the charges or denied a hearing, that person may have grounds to challenge the legality of their detention.
Substantive Due Process
Substantive due process protects fundamental rights that the government must not violate, regardless of the process used. These rights include:
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The right to privacy
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The right to free speech
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The right to be treated equally under the law
Substantive due process can be used to challenge laws or government actions that are unfair or discriminatory, even if the proper procedures were followed.
How Due Process Impacts Criminal Defense
In criminal defense cases, due process plays a powerful role. When law enforcement or prosecutors fail to follow the rules, it can lead to:
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Dismissal of charges
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Suppression of illegally obtained evidence
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Reversal of a conviction on appeal
Some common due process violations include:
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Being arrested without probable cause
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Failure to read Miranda rights
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Excessive delays in bringing a case to trial
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Using evidence obtained through illegal searches
These are not technicalities—they are violations of your constitutional rights. At PKN Law, we use due process protections to challenge unlawful arrests, improper investigations, and unfair trials.
Speak with a Trusted Criminal Defense Attorney Today
If you believe your rights were violated or you are facing criminal charges, we are here to help. At PKN Law, we fight to ensure that every client is treated fairly and that the government is held accountable. Call us today for a consultation at (412) 454-5582 or visit patricknightingale.com