While the state may not wish for constitutional issues in Prince William County criminal cases to transpire, they do still happen. When they do, it is important for you to work with an attorney who could use these violations to limit the abilities of the state to prosecute you. An attorney could file a motion which could bar the prosecution from using the evidence collected through an unwarranted search and seizure. Reach out to a caring legal professional today.
The first thing someone should do after being charged with a crime in Prince William County is contact and consult with an attorney about their rights regarding the charges and procedures they face in the court system. An attorney would then begin planning and preparing their defense based on initial information provided.
It is also important for accused individuals to record their recollections of any events that occurred, so they have a clear record of what happened. They should keep that confidential and share it only with their attorney. An important caveat is that someone in jail should not write down anything about their case because their notes could be seized and may be read by the authorities.
For accused people, it is extremely important immediately after being charged with a crime to not take any action that might be considered furtherance of a crime or to intimidate any witnesses.
Several constitutional issues routinely happen in criminal cases in Prince William County. The most common type of constitutional issues in criminal cases involve statements made by defendants in violation of their right against self-incrimination and unreasonable searches and seizures conducted by law enforcement officials.
Perhaps the most common issue that comes up is arrest and being stopped by police who do not have sufficient evidence to stop or arrest a person. This is common because every traffic stop involves a level of scrutiny that the police have to give proof that they had reasonable evidence to conduct a traffic stop.
Further restraints on the client’s liberty require increased levels of scrutiny and evidence from the police. It is common to file a motion to suppress, arguing that at the time the individual was arrested, the police did not have probable cause to make the arrest, or at the time they were stopped, the police did not have reasonable suspicion to stop the person and restrain their liberty.
The most common way in which constitutional issues affect the case is through a motion to suppress that the defense attorney now has justification for. A motion to suppress is an argument by the defendant that their constitutional rights were violated and some of the evidence gathered in the case was obtained in violation of their constitutional rights.
A motion to suppress puts the burden on the government to show that these constitutional rights were not violated in the investigation. At the end of a hearing, if the judge for the trial court believes the client’s constitutional rights were violated, the judge enters an order preventing the government from using any evidence against the client that was gathered through the violation of their constitutional rights. A motion to suppress could be filed in a variety of cases and the main reason for doing that is to prevent evidence from being used against the defendant.
Constitutional issues in Prince William County criminal cases are not uncommon. Because of this, it is important to work with a legal representative who could help you build a defense and suppress any information obtained through an illegal search and seizure. From that point on, you could stand a better chance in court and have more negotiating leeway with the prosecution. Do not waste time, contact a defense lawyer today.
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