Criminal Defense
ALL CRIMES COMMITTED IN THE UNITED STATES
In order to be guilty of a crime in the United States, whether being a misdemeanor or felony, every element of the crime must be proven beyond a reasonable doubt - the highest burden of proof in the United States legal system.
Except for limited exceptions, in order to be convicted of a crime in the United States, the charged individual must have committed the illegal physical act and have known he or she committed the act - this is different from lack of knowledge that an act is illegal, which is not a defense to a crime.
If you have been charged with a crime and you the government will not be able to prove each element of the charge against you beyond a reasonable doubt, contact us or another criminal defense lawyer licensed in the state of the alleged offense.
SEARCH AND SEIZURE
In order for the government to search a person or a person's property in the United States, law enforcement must follow particular rules and procedures. If law enforcement fails to follow these rules, the evidence discovered may be excluded from evidence of any charge against the person whose rights were violated as "fruit of the poisonous tree" - often resulting in the corresponding charge being dismissed.
TRAFFIC AND PEDESTRIAN STOPS
Most commonly, these rules come into effect when an individual is stopped by police while walking or driving in public. In these scenarios, law enforcement must have reasonable suspicion the individual in question is currently engaged in a crime. Once stopped, law enforcement can search the individual for weapons only if law enforcement has reasonable suspicion that the individual is armed and dangerous. Law enforcement in each situation must be able to articulate the suspicion beyond a mere hunch.
Note, the above standard is for the initial stop - for the search to extend to a more thorough search of the person or property the law requires law enforcement to have probable cause.
If you were stopped and as a result evidence was seized that is being used as evidence against you in a criminal charge, contact us or another criminal defense attorney in the state in which you were charged.
K-9 SEARCHES (dog sniffs)
There are particular rules that apply to the use of K-9 Officers when searching people or property. These rules vary depending on where, when, and how the K-9 may be used - therefore, if law enforcement used a K-9 to initially discover items later used as evidence against you in a criminal charge, contact us or another criminal defense attorney licensed in the state where the alleged offense was committed.
SEARCH OF AN INDIVIDUAL OR HIS OR HER RESIDENCE
Searching an individual or his or her residence is held to an even higher standard than mentioned above. Generally law enforcement must first obtain a warrant based on probable cause before searching an individual or his or her home.
If you were charged with a crime based on evidence obtained after a search of yourself or your home, contact us or another criminal defense attorney licensed in the state in which the alleged offense was committed.
DRUG CHARGES
A drug charge can harm your employment, reputation, and even threaten your personal freedom, and every charge should be taken very seriously, even if it is a B Misdemeanor.
The principles of Search and Seizure as stated above often apply to drug charges, thus can serve as an escape device under particular circumstances.
Plea Bargains are common with drug cases when the government has a strong case, but you want to ensure you are getting the best Plea Bargain possible.
As with all criminal charges, it is important to defend yourself zealously from the very beginning, but it is especially important in drug offenses.
If you have been charged with a drug offense, contact us immediately or another criminal defense lawyer licensed in the state in which you were charged.
VIOLENT CRIME
With violent crime, self-defense can be a very effective legal strategy.
A person is entitled to defense his or her self or another individual with physical force if the person acted to protect his or herself or another individual from bodily injury. Self-defense is measured by whether the act was reasonable from the perception of the individual claiming self-defense. Further, the state must prove beyond a reasonable double that the person claiming self-defense was not reasonable is so acting.
If you have been charged with a violent crime, contact us or another criminal defense lawyer in the state in which the alleged offense was committed.
A DEFENSE ATTORNEY'S CREDO
“It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished. But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, “whether I do good or whether I do evil is immaterial, for innocence itself is no protection,” and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.” John Adams 1770, Revolutionary and Second President of the United States.