While every criminal case is different, there are some common threads regarding legal defense strategies. Here are some of the most effective legal defense strategies for specific cases.
In order for the police to search your person, vehicle, residence, or other property, they must have your consent or obtain a search warrant, or there must be a warrant exception. If the police conduct an illegal search, any evidence they uncover are fruits of the poisonous tree.
In other words, they’re inadmissible in court. For example, the police stop you for a traffic infraction but decide to remove you from your vehicle and go through your pockets and find drugs. Without being able to provide a reason for this search, it’s a violation of your Fourth Amendment rights. A diligent criminal defense lawyer could file a motion to suppress, and if the court agrees it was an unlawful search, it would make the discovery of the narcotics inadmissible.
Law enforcement officers possess the authority to initiate a stop based on various grounds, such as observing a traffic infraction, noting suspicious conduct, or perceiving a resemblance to an individual associated with a criminal incident. Nevertheless, there are instances where officers halt individuals without adequate justification. In the event that the court determines such a stop to be unlawful, any evidence obtained by the police or statements elicited from the individual become inadmissible.
You possess the entitlement to exercise your right to remain silent, which can prove vexing to law enforcement officers endeavoring to construct a case. In their pursuit of obtaining responses, police personnel may resort to illicit tactics in their quest for an admission or confession. Your criminal defense attorney possesses the capacity to contest a statement acquired unlawfully by means of a motion to suppress. Frequently, the absence of the confession significantly weakens the prosecution's case, ultimately resulting in its dissolution.
One technique that police use to solidify their probable cause is a show-up, or Terry stop
. However, the police can make the error of moving the suspect from the location where they were stopped. This can invalidate the stop.
Additionally, when the police utilize photo lineups, they are supposed to choose photos of other individuals who are similar in appearance to the suspect. However, to get the desired outcome, the police often use dissimilar images. If this happened in your case, your criminal defense lawyer could challenge the integrity of the lineup in a motion to suppress the results.
Despite the prevalence of DUI cases in the state of Nevada, drunk driving investigations encompass several phases, thus affording a diligent DUI defense attorney with numerous avenues for defense. Among the commonly employed DUI defenses are:
- Illegal stop
- Inadequate articulation of physical indicators
- Improper administration of roadside exercises
- Coerced administration of BAC tests
- Absence of a witness to confirm control of the vehicle in traffic collisions
It is crucial to acknowledge that the legal standard of proving guilt beyond a reasonable doubt is exceptionally stringent. Nonetheless, it is important to recognize the extensive training and high conviction rates of police officers and prosecutors. Therefore, engaging the services of a proficient private criminal defense attorney presents your optimal opportunity for securing an acquittal or a reduction in charges.