McAllen Criminal Defense
McAllen Criminal Defense
I am dedicated to protecting your rights and ensuring you receive highly competent legal representation. By understanding your constitutional rights, I can challenge unlawful searches, seizures, and other violations of your privacy.
Understanding the Fourth Amendment:
The Fourth Amendment guarantees individuals the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. This means that law enforcement officers must generally obtain a warrant based on probable cause before conducting a search. However, there are exceptions to this rule, and understanding these exceptions is crucial in building a strong defense strategy.
Challenging Unlawful Searches and Seizures:
Lack of Probable Cause: If law enforcement did not have sufficient evidence to establish probable cause, any evidence obtained from an unlawful search can be suppressed. We meticulously analyze the circumstances leading to your arrest to determine if the search was conducted without probable cause.
Illegal Traffic Stop: In many drug cases, traffic stops lead to arrests. If the police officers lacked reasonable suspicion to initiate the traffic stop or exceeded the scope of the stop, any evidence obtained thereafter may be inadmissible.
No Warrant or Invalid Warrant: Unless there is a recognized exception, law enforcement generally needs a warrant to conduct a search. If the police conducted a search without a warrant or if the warrant was invalid, we can challenge the admissibility of the evidence obtained.
Consent to Search: If law enforcement obtained consent to search from you or a third party, we examine whether the consent was given voluntarily and knowingly. Coercion, duress, or misrepresentation can render the consent invalid.
Fruit of the Poisonous Tree: If evidence is derived from an unlawful search or seizure, it may be deemed "fruit of the poisonous tree" and subsequently excluded from trial. This legal principle helps protect your rights by preventing the use of evidence tainted by constitutional violations.
My Approach and Expertise:
As experienced criminal defense attorney, I employ a comprehensive approach to fighting drug cases. I thoroughly investigate the circumstances of your arrest, scrutinize police reports and evidence, interview witnesses, and consult with experts when necessary. By leveraging our knowledge of Fourth Amendment protections, we strive to suppress evidence obtained through illegal means, weaken the prosecution's case, and build a robust defense on your behalf.
Being charged with a drug offense can be an overwhelming and frightening experience. However, by partnering with a skilled criminal defense lawyer who understands the nuances of the Fourth Amendment, you can mount a strong defense. At my law firm, I am committed to protecting your rights, challenging unlawful searches and seizures, and obtaining the best possible outcome for your case. Contact me today to schedule a consultation and begin building your defense strategy.
McAllen Criminal Defense Lawyer
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