Search & Seizure Defense Attorney in Fort Myers
How an Unreasonable Search & Seizure May Affect Your Case
One of the key defense strategies in criminal cases is the proof of an unreasonable search and seizure. This may be defined as a search conducted or arrest made in violation of the defendant's constitutional rights, i.e. without probable cause or a valid warrant. A Fort Myers criminal lawyer may be able to use proof of an unreasonable search and seizure to file a motion to suppress key evidence in a case, changing the entire course of the trial or plea negotiations in a defendant's favor.
An Example of Search & Seizure
As an example, let's look at a marijuana possession case. Joe has been arrested by Fort Myers police because they allegedly found large quantities of marijuana in his house. He is charged with possession with intent to sell/distribute due to the large amount of the drug and the presence of items that indicate distribution, including a measuring scale, baggies, a client list and large amounts of cash. To some, this may seem like an open-and-shut case with no chance of Joe avoiding a conviction. It may seem easiest to accept a plea bargain.
Fortunately Joe takes immediate action after his arrest and retains the services of a Fort Myers criminal lawyer from Calvo & Calvo, Attorneys at Law. Upon thoroughly investigating the case from every angle, our team discovers that the manner in which the search was conducted seems somewhat fishy.
We look further into this and discover that the police did not have a warrant to search Joe's property and did not establish probable cause to conduct this search. Furthermore, they conducted the search without Joe's permission. By filing a motion to suppress all evidence found in this illegal search, we effectively eliminate all grounds for the prosecuting attorney's case against Joe, resulting in a dismissal of all charges.
Fort Myers Criminal Lawyer - Utilizing the "Search and Seizure" Defense
This is just an example of how an illegal search and seizure may impact a defendant. Of course, every case is different and the approach will vary depending on the unique circumstances of the case.
To find out how our firm may be able to help you, contact our offices today.
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“Jose made me feel confident from our first conversation and throughout the legal process that everything would be OK. He is a calming presence and walks the walk of what you will discuss and work on with him. Very highly recommended.”- Anonymous
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I am very grateful to Jose Calvo and his staff for their superb services. I was in a very difficult case in which I thought there was no way out. But thankfully I was led to Calvo & Calvo. Not only did he help me drop my felony charge to a misdemeanor; he also helped me get my records expunged or sealed. Whenever I had any questions, I simply emailed or called him and I had my questions answered very promptly. Thanks to him I can happily move on with my life. My family and I thank you very much!!! I would recommend him to everyone!!!!- Anonymous
