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Constitutional Issues in Norfolk Criminal Cases

Constitutional issues can often come up during a Norfolk criminal case. Some of the most common involve Fourth Amendment issues, which are common especially in drug cases where someone is found to have drugs when they are pulled over in their car.

With that said, Fifth amendment issues can also impact a criminal case. To protect yourself from potentially dealing with any of constitutional issues while facing a criminal charge, retain a Norfolk criminal lawyer immediately.

Fourth Amendment Issues

In situations where someone has been pulled over, a Norfolk police officer is not allowed to search the car unless they have probable cause to do so, or they have consent from the driver. If the officer, for some reason, suspects that there are drugs in the car, but he does not have reasonable, articulable suspicion that he can present, then it is not going to be legal for him to search the car. Whereas if he sees a clear box of weed sitting on the floor, that gives him probable cause to then legally search someone’s vehicle.

These kinds of issues can impact a criminal case in Norfolk because if the officer messes up and conducts an illegal search and finds anything, whatever he finds will not be admissible as long as the search is not done lawfully.

It can make a big difference in a case because someone who is transporting an entire trunk full of cocaine that is located only because an officer conducts an illegal search will be able to get his charge dismissed.

Fifth Amendment Issues

In Norfolk criminal cases there are also Fifth Amendment issues that may arise. Police officers must inform someone of their rights after an arrest if the officers want to question them. If the officers fail to do so and question the defendant anyway, then whatever the defendant says may not be admitted into evidence in court.

This can heavily impact a case depending on what the defendant says. If the defendant outright admitted guilt but there is no other evidence to convict him, then it is easy to see why this constitutional issue is so important.

Benefit of Hiring an Aggressive Norfolk Criminal Lawyer

The benefit of hiring an aggressive Norfolk criminal lawyer is that you know you are going to have someone who will stand up for you in court and will not back down even if they are potentially being bullied from the other side. You do not want to have a lawyer who is going to do the bare minimum and then, without giving any resistance, is going to give up.

Prosecutors sometimes have a standard deal that they offer for specific charges, but this does not mean that it is the only deal they are willing to offer, or that it is the best deal for the particular defendant. It is important to have an aggressive Norfolk criminal attorney who will keep their client’s priorities in mind, and not simply settle for the first offer if it isn’t in the interest of the client.

Hiring a Law Firm v. Solo Practitioner

Someone at a law firm as opposed to a solo practitioner is going to have more resources and more brains available for reference. Having other attorneys, paralegals, and investigators at a law firm means that the Norfolk criminal lawyer you hire will have more people to bounce ideas off of.

Solo practitioners do tend to have a good network of people that they can reach out to for help as well, but a firm of attorneys provides more incentives for people to truly provide beneficial help as a win for one attorney in a firm is going to be a win for the whole entire firm.