Under U.S. Constitution and California Constitution, all citizens have an inherent right to be free from unreasonable searches and seizures. Under the Fourth Amendment of the U.S. Constitution, the Bill of Rights, and Article I, Section 13 of the California Constitution, police must obtain a valid warrant before searching you or seizing your property.
Under U.S. Constitution and California Constitution, all people have a reasonable expectation of privacy in their homes and certain other places. The law enforcement’s power, therefore, is limited when there is a criminal investigation.
Violations by law enforcement occur when you have a legitimate expectation of privacy in the place or the property being searched, such as your car, phone, computer, or residence. Aggressively defending a crime requires that your defense lawyer in Los Angeles be thoroughly knowledgeable about your constitutional rights and the ways to assert this defense on your behalf. If the government did not have legitimate and well-founded grounds for intruding on your privacy, your attorney may be able to get your case dismissed. This is because the judge may rule that your constitutional rights were violated. Your experienced criminal lawyer may properly invoke the Exclusionary Rule and the Fruit of the Poisonous Tree principle to have crucial evidence excluded from your case or to have your case dropped completely.
You may not be able to clearly understand all protection the constitution provides to you as these principles involve complex legal questions and present many challenges along the way up to your jury trial. You need an experienced criminal attorney with successful track record of beating cases based on constitutional challenges. With the help of a Los Angeles criminal lawyer who is caring and provides aggressive representation, you may be able to negotiate a great deal with the prosecutor, prove your innocence and have your case dismissed.
You also havd the right to remain silent and to be represented by a lawyer. Every time you think you may be in trouble, every time you are being investigated by the detectives, and every time you are being placed under arrest, remember that you have certain constitutional rights. Disregarding your rights means you could potentially get in more trouble by choosing to speak with the police and the detectives on the phone, by email or text messages, or in person. Even if you think you have nothing to hide, it is not recommended at all to start talking and attempting to defend yourself or trying to downplay the event or explain the situtation in a way that you think will help you.
– DO NOT go to court on your own and plead guilty in court merely because you think you have no defense. Don’t make the decision of going to court and pleading guilty without the help of a professional lawyer. It is likely that you are wrong about the assessment of your own case.
– DO NOT consent to the search of your person, home or vehicle unless there is a valid search warrant. Be polite and do not quickly give the nod to be searched.
– DO NOT speak with your friends or anyone in jail about your case. What you tell them can be used against you later in the court of law. Those you talk to may also be under surveillance and your conversations could be recorded.
– DO NOT represent yourself. The prosecutor on your case will most likely be far more experienced and knowledgeable about criminal law.
– DO NOT decide to appear in court or sign anything without first consulting with an attorney who specializes in criminal defense.
– DO NOT try to investigate your own case. This often harms your potential defense. Allow your attorney to do this with the help of an investigator.
– DO NOT attempt to interview any witnesses on you own. However, identify potential witnesses and present the witness list to your defense attorney.
– DO NOT talk with any investigating officer or law enforcement personnel at all. Just say you want to remain silent, this is your constitutional right!
– <font”>DO NOT underestimate the defenses that can be presented to court on your behalf by an experienced criminal defense attorney.
