Asserting a defendant’s right against unlawful search and seizure is one of the strongest defenses that a criminal attorney has at their disposal. When collecting evidence against a suspect, law enforcement must either have a warrant, gain consent to a search, or have “probable cause” to search a person on the spot. While these sound like easy rules, the truth is that the interpretation of “probable cause” can get tricky in a courtroom. If you have been arrested after being stopped and searched by police then you may have a viable argument that your Fourth Amendment rights were violated. Bretton Barber is a Phoenix area attorney aggressively defending the rights of the accused. Contact our office today to speak with a lawyer.
Arizona attorney defending the fourth amendment rights of the accused
The Fourth Amendment of the Constitution prohibits law enforcement from unreasonably searching another person or seizing their property. This law means that law enforcement cannot look for evidence that a crime has been committed, and then justify their actions if evidence is found. The most common example is when a person is stopped for a routine traffic violation. Law enforcement cannot search the vehicle unless they can articulate exactly why they believe evidence of a crime is present. If evidence is collected against you illegally then your criminal defense attorney can file a Motion to Suppress the evidence in Court. This happens before the trial phase begins and a Judge determines if a jury would be allowed to hear the evidence at trial. If the Motion to Suppress is granted then the prosecution cannot use the evidence collected against you and will often have to dismiss the charges.
Examples of cases in which a fourth amendment rights violation may come into play include:
- Drug possession charges
- Possession of drugs for sale
- Fraudulent schemes
- Weapon possession charges
- Internet crimes
- Theft charges
- Robbery charges
Bretton is an aggressive criminal defense attorney who adamantly believes in enforcing his client’s Constitutional rights. If you have been searched illegally, you may be able to have the charges against you dismissed, even if evidence was found. Contact our office today for more information. In addition to Phoenix, our attorney represents defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson.
Arizona attorney passionately protecting the civil liberties of the public
Bretton Barber began his own firm because he firmly believes that everyone is entitled to their civil liberties, and should have the opportunity to defend themselves from criminal allegations. Bretton works to provide his clients with effective counsel throughout the criminal justice process. As a solo practitioner, Bretton ensures that he handles all matters of every case, from writing Motions to attending hearings. When you hire Bretton Barber, you are hiring an attorney who cares. Contact him today to schedule an appointment.