Criminal Defense Lawyer Windsor Heights, IA
The Fundamentals of Fourth Amendment Search and Seizure Law
When you retain a criminal defense lawyer you need to make sure they have updated knowledge of fourth amendment search and seizure law. As a general principle, evidence that is gained through a violation of someone’s fourth amendment rights is inadmissible at trial. This distinction is important because a skilled criminal defense lawyer will attempt to suppress the evidence that the prosecution attempts to have admitted against you.
The fourth amendment protects against state action. State action is any act by federal, state, or local government entities. Many aspects of surveillance conducted by government agencies are regulated by the fourth amendment. GPS tracking devices, cell tower data, and electronic surveillance are all used by governmental agencies every day.
The Fourth Amendment and Your Constitutional Rights
The Fourth Amendment protects citizens against unreasonable searches and seizures. Law enforcement officers must have a valid search warrant supported by probable cause before conducting a search of a person’s office, car, or home. An individual’s papers and effects are also protected by the fourth amendment.
In some circumstances, however, law enforcement officers performing routine traffic stops do not need to have a search warrant to perform a search or seizure. However, law enforcement officers must have reasonable suspicion to conduct a traffic stop.
Also, a valid search warrant must list the specific place to be searched and the items to be seized. Law enforcement officers cannot simply search an area without any restrictions. The warrant must also be signed by a neutral and detached magistrate. Typically this is a judge or other law enforcement official. If a search was performed but the search warrant was invalid then the evidence obtained is not admissible against the defendant.
What To Do If You Are Arrested
As your criminal defense lawyer Windsor Heights, IA community members rely on at the Law Group of Iowa can attest, when they say that remaining silent is one of the best things you can do after being arrested, that is not an exaggeration. In fact, it is strongly advised that you take advantage of your right to stay quiet and not answer interrogatory questions by police or give in to the temptation to explain yourself. You are innocent until proven guilty, technically, despite that, it may feel like the opposite. Here are quick reminders if you find yourself being placed into handcuffs for one accusation or another:
Reduce the risk to yourself.
If a police officer is trying to halt you and you are in your vehicle, stop the car in a safe area as quickly as you can. Then turn off your car, roll down the window halfway, and place your hands on the steering wheel. As a passenger, you should also rest your hands on the dashboard. After the office requests you to do so, show them your registration, driver’s license, and proof of insurance. Avoid making any sudden movements and keep your hands out in the open where they can be seen.
During your arrest or detainment.
If you were arrested and are going to be detained, say that you prefer to remain silent and ask for your lawyer right away. Do not offer excuses or explanations, don’t say anything more than you need to, don’t sign any documents, and don’t make any decisions without your lawyer present. If you were arrested, you have the right to make a phone call that is local. The police cannot listen in if you contact a lawyer, but they can and will often tune in if you make a call to anybody else.
If your rights were violated.
We have all read news stories where people’s rights were violated by police. If you suspect that yours were violated, write down everything that you can remember about the interaction, including the officer’s name and badge number, patrol car numbers, the agency the officer works from, and other relevant details. If there were witnesses who saw the arrest happen, write down their name and contact so that your lawyer can reach out and get a statement from them if needed. With help from your Windsor Heights criminal defense lawyer, you can even submit a written complaint to the officer’s internal affairs division or to the civilian complaint board. You may be able to file such a complaint anonymously if you prefer.
Consulting with a lawyer immediately.
Especially in recent years, we have seen just how disappointing police officers can be in how they handle interactions with the public. When we are reading about someone else’s arrest, we may assume that we know what we would do differently when put in that same situation. But being arrested is such a stressful experience to go through, that it can make people engage in behaviors that they didn’t think they would. For instance, trying to explain your way out of an arrest is unlikely to happen. If anything, the officer is probably going to use your words against you later on, so it’s best to just stay quiet. Your Windsor Heights criminal defense lawyer at the Law Group of Iowa can consult with you further and protect you as your arrest case proceeds.
Why Do I Need To Retain a Criminal Defense Lawyer?
Retaining a criminal defense lawyer can help you avoid being convicted of a crime. Many consequences arise as a result of a criminal conviction. If you are convicted of a felony you can lose your right to possess a firearm and your right to vote. Also, you may find it more difficult to obtain adequate housing and employment as a convicted felon. If you are being accused of a criminal offense you need to retain a skilled and experienced criminal defense lawyer today.
Contact the Law Group of Iowa Today to Schedule a Free Consultation
Contact the Law Group of Iowa to learn more about how a criminal defense lawyer can help you protect your constitutional rights. Call (515) 556-IOWA to learn more about the legal services we offer. If you need a criminal defense lawyer contact the Law Group of Iowa today.
If you are facing criminal charges then finding the right criminal defense lawyer is necessary. Not all lawyers are created the same and that is why finding the right lawyer can make all the difference when it comes to putting up the best defense possible.
If this is your first run-in with the law, you may not know what goes into finding the right lawyer for you. It can be a daunting task, especially when dealing with the repercussions of a criminal charge. Arguably though, finding the right lawyer that will suit your needs is one of the most important things you can do to ensure that you have a chance to have the most favorable outcome.
Tips on Finding The Right Lawyer For You
If you are facing criminal charges, here are some tips to help you find the right lawyer to suit your needs.
- Your Lawyer Should Be Responsive
When you’re facing criminal charges, time is of the essence. This means that you should not be left waiting to speak with your lawyer if you have questions or concerns. You need someone who’s going to get to work on your case right away. When you contact a lawyer they should be responsive and should get back to you in a reasonable timeframe. If they’re quick to answer your phone call or email, they’re most likely going to be equally on the ball when it comes to defending you.
- The Right Lawyer Specializes in Criminal Law
When you start your search on finding the right lawyer for you, you need to ensure that they have a specialization in criminal law. Just like many other professions out there, lawyers specialize in various niches of the law. If you don’t see anything on your lawyer’s website about criminal law, then they are not the right lawyer for you. Think of it this way: you wouldn’t trust your dentist to perform heart surgery, so why trust a lawyer who doesn’t specialize in criminal law to work on your case?
- Has Experience in Local Courts
In addition to finding the right criminal defense lawyer in Windsor Heights, you should look for one that has experience in the local courts. This is an aspect that is often overlooked but it is a vastly important one to consider. Local connections and relationships can go a long way in fighting a criminal charge. Each court proceeds in its own way and each judge does things their own way too. Having a lawyer that knows the ins and outs of the court you’re up against helps you create a strategy for your case.
If you have found yourself facing criminal charges then it is time that you find a lawyer. If you have any questions about how to find the right criminal defense lawyer in Windsor Heights then don’t hesitate to reach out to the Law Group of Iowa for more information today.