The Constitution was created to ensure American citizens their basic rights, even when dealing with law enforcement and a criminal case. However, constitutional issues can often come into play during the process of a criminal case and Loudoun County, Virginia is no different.
Below, a Loudoun County criminal lawyer discusses what constitutional issues might affect a criminal case in Loudoun County and how these issues could potentially affect a defendant’s case. To learn more about constitutional issues and how they might affect your case, call today and schedule a consultation.
Common examples of constitutional issues that may arise are Fourth Amendment issues and Confrontation Clause issues. The Fourth Amendment says that you have the right to be free of unreasonable searches and seizures. Fourth Amendment issues often come up in the context of motor vehicle stops, searches of your person, searches of your place of business, and searches of your home.
When these searches exceed constitutionally permissible standards, you may be entitled to file a motion to exclude or a motion to suppress certain evidence collected as a result of this unreasonable search. Contact an experienced Loudoun County defense attorney to discuss whether or not you have Fourth Amendment evidence issues in your case.
Confrontation Clause issues arise when you have witnesses who either fail to appear or where evidence being offered to prove your guilt is not testified to by a natural, live person. This may arise if a client has computer data, machine printouts, or witnesses who suddenly become unavailable. Confrontation Clause issues are very important. You need to contact an attorney to find out whether or not there is an issue in your case.
Constitutional issues can impact your case in many ways. If your constitutional rights have been infringed, you may seek to redress—typically a remedy for constitutional violations is excluding of the evidence that resulted in the violation. This is known as the exclusionary rule. Exclusionary rights do not apply for every constitutional violation, but they apply in many of them.
If your constitutional rights have been infringed upon, you may file a motion to suppress or exclude evidence, which may play a very important role in limiting or excluding evidence against you in a criminal prosecution. It could result in a dismissal or reduction of potential criminal offenses.
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