Protecting Clients' Constitutional Rights
If you've been charged with a crime, it is likely because the prosecutors believe they have obtained evidence that proves that you committed that crime. However, in the United States, people have a right to a certain amount of privacy and security, and for that reason, evidence obtained illegally may be suppressed from evidence and not used to convict people of crimes.
Suppressing Illegally Obtained Evidence
Much of the evidence that is used to charge people with crimes like DWI/DUI and illegal drug possession is collected by police or detectives. But there are limits on what the police can do when they are gathering evidence. When they ignore those limits, it may be possible to suppress the evidence they obtain so it cannot be used against you or in a criminal trial.
Depending on the exact circumstances of your specific case, the presence of the following factors may mean that a search or seizure was illegal:
- The police did not have probable cause or reasonable suspicion to search
- The suspect did not give consent for the search
- The consent wasn't voluntary
- The search involved unreasonable delays
- The police seized property without justification
- The police didn't have a search warrant to search your property
- The police didn't follow the conditions of the search warrant
If you believe the evidence against you may have been obtained through an illegal search or seizure, it is important—as always—to contact a lawyer immediately, before making any statements to anyone else, so your rights can be fully protected.
Looking at the Big Picture to Arrive at a Strategy
Seeking to suppress evidence on the basis of an illegal search or seizure is an important criminal defense strategy that any attorney should explore. I will examine the facts and determine whether this strategy will be useful in your case, and I will evaluate all other options for helping you avoid or reduce the consequences of conviction.
I'm Georgetown Texas criminal defense attorney Clovis Martin. In every case I accept, I review the details of the arrest to determine whether there may have been an illegal search or seizure. Don't hesitate to contact me for a free consultation to ensure your constitutional and legal rights are protected throughout the criminal justice process.
The Law Office of Clovis Martin has represented clients charged with:
Assault with Bodily Injury (PC 22.01), Aggravated Assault (PC 22.02) Aggravated Kidnapping (PC 20.04), Burglary of Vehicles (PC 30.04), Consumption of Alcohol by a Minor (ABC 106.04), Credit Card or Debit Card Abuse (PC 32.31), Criminal Mischief (PC 28.03), Criminal Trespass (PC 30.05), Deadly Conduct (PC 22.05), Driving Under the Influence of Alcohol by Minor (ABC 106.041), Driving While Intoxicated (a.k.a. DWI PC 49.04), Driving While Intoxicated with Child Passenger (PC 49.045), Driving While License Invalid (TC 521.457), Duty on Striking Unattended Vehicle (TC 550.024), Duty on Striking Fixture or Highway Lanscaping (TC 550.025), Engaging in Organized Criminal Activity (PC 71.02), Evading Arrest or Detention (PC 38.04), Failure to Identify (PC 38.02), Fictitious or Counterfeit Inspection Certificate OR Insurance Document (TC 548.603), Furnishing Alcohol to a Minor (ABC 106.06), Harassment (PC 42.07), Interference with Emergency Telephone Call (PC 42.062), Possession of Alcohol by a Minor (ABC 106.05 a.k.a. Minor in Possession of Alcohol or MIP), Possession of [Controlled] Substance (CSA 481.115 to 481.118), Possession of a Dangerous Drug (CSA 483.041), Possession or Delivery of Drug Paraphernalia (CSA 481.125), Possession of Marijuana (CSA 481.121), Prostitution (PC 43.02), Public Intoxication (PC 49.02), Racing on Highway (TC 545.420), Reckless Driving (TC 545.401), Resisting Arrest, Search, or Transportation (PC 38.03), Revocation of Community Supervision (a.k.a Probation, CCP 42.12-Sec. 23), Sale [of Alcohol] to Minors (ABC 106.03), Sexual Assault (PC 22.011) Terroristic Threat (PC 22.07), Theft (PC 31.03), Theft by Check (PC 31.03 & 31.06), Theft of Service (PC 31.04), Unlawful Carrying Weapons (PC 46.02), and Unlawful Restraint (PC 20.02).
