There are many constitutional issues in Mecklenburg County robbery cases. These constitutional issues usually include the Fourth, Fifth, and Sixth Amendments. The Fourth Amendment protects an individual against unreasonable searches and seizures. The Fifth Amendment gives people the right to remain silent and not incriminate themselves. The Sixth Amendment gives people the right to an attorney. If a defendant’s constitutional rights have been violated, it could lead to evidence being dismissed or charges dropped. Therefore, it is crucial that you reach out to a well-versed lawyer if you are facing robbery charges.
Read below to learn more about constitutional issues and how an attorney could help you. Get in touch with a seasoned robbery lawyer today.
Constitutional issues can have a significant bearing on a robbery case because if someone’s constitutional rights are violated, it could mean the case cannot proceed under the legal doctrine of the exclusionary rule. This rule states that if an individual’s constitutional rights have been infamously violated in gathering evidence, that evidence cannot be used against them. Those rules speak to the strength of their constitutional rights and how important those rights are in the legal system of justice in the United States.
Any of the constitutional issues that come up from the Bill of Rights carry tremendous weight in Mecklenburg County courts.
Factors to look for when reviewing the case include the elements of the crime to make sure the evidence expected to be presented by the prosecution will meet the proof beyond a reasonable doubt standard as to each element of the crime. For instance, was violence involved or a threat? Was anything taken, would a reasonable person have been in fear given the circumstances of the case, and is there an alibi defense or were constitutional rights violated?
In cases in which document-based evidence is expected to be used, the defense will rely heavily on it because it often provides some of the most concrete evidence that will be presented at trial. That can be used to great effect to refute or contradict the prosecution’s evidence or to bolster the defendant’s account of what happened.
An accomplished defense attorney could fight to ensure that any illegally obtained evidence is thrown out. This could also lead to the charges being dismissed.
If you are facing robbery charges, you should seek the services of a skilled lawyer right away. You will want to obtain an attorney who you are comfortable with, trust that you will have a positive relationship with, and trusts their judgment. A lawyer who is experienced with robbery cases could fight for you and possibly help you reach a favorable resolution to your case. An experienced attorney will be knowledgeable about the constitutional issues in Mecklenburg County robbery cases. Call today and set up a consultation.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.