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Houston Lawyer Blog
Tag Archive for evidence
 Houston Personal Injury Lawyer Charles Johnson is a Houston, Texas accident and personal injury attorney emphasizing the advocacy of victims’ rights against those who do harm, and who by negligence, recklessness or intention cause significant damage to innocent victims and their families.
The Charles Johnson Law Firm will work to recover the finances necessary to carry on with your life, and take care of your family. The Charles Johnson Houston Personal Injury Law Firm will apply all their expertise to give you the best chance at being justly compensated for the pain and suffering you must endure because of another’s negligence. Your choice of the right attorney to represent your interests and enforce your rights will put you on the path to prompt and fair financial resolution of your claim.
Our Personal Injury clients have suffered serious injuries or devastating losses. They need compensation for their injuries as soon as possible, but they also need that compensation to cover all of their losses. If they aren’t being treated fairly by the insurance company – if their car accident claim has been wrongly denied or they are being shortchanged for their medical malpractice injury – they need a strong and aggressive advocate in court. That’s what we provide at the Charles Johnson Houston Personal Injury Law Firm.
Our greatest satisfaction comes from seeing our clients get their lives back on track, both physically and financially, after:
- A motor vehicle accident
- A workplace accident
- A medical malpractice injury
- An injury from using a defective product
- An injury on a dangerous or poorly maintained property
- The unexpected death of a loved one
Experience That Results in Successful Verdicts and Settlements
Our Houston personal injury lawyers have extensive experience investigating, preparing and presenting successful injury cases in court. Our firm has developed a broad network of investigative and technical experts and medical specialists. We use these experts to gather evidence, determine the cause of accidents and understand the impact of injuries. We then help explain complex information to juries so they can understand why our clients need – and deserve – the compensation they are seeking.
Houston Personal Injury Attorney Charles Johnson knows your legal trouble may be weighing heavy on your mind and is a serious burden in your life, so while other Houston Lawyers can only talk to you on during the week on scheduled business hours, Charles Johnson is available 24/7/365. We stand behind this policy, day or night, any day, any night, at any time, PERIOD. When you need the Best Houston Personal Injury Lawyer, Charles Johnson will be there.
No Recovery = No Fee
All initial consultations in the office or over the telephone are free of charge. You CAN afford to hire the Best Houston Personal Injury lawyer with the skill, the resources and the track record of results that you’ll find at the Charles Johnson Law Firm. We handle all personal injury and wrongful death claims on a “contingency” basis. That means you pay NO FEES unless we obtain a settlement or verdict for you and yours.
Choosing the right attorney to handle your personal injury or wrongful death case can be difficult. It may be important to you to be able to speak to your attorney directly. The attorneys at the Charles Johnson Houston Personal Injury Law Firm will personally speak to you about your case. As a small firm, they are capable of giving each client the individual and personalized attention they deserve. All calls and inquiries are given prompt attention. Our Houston area clients already have the frustration of being injured. And our goal is to alleviate those frustrations by respecting your time, and replying promptly to any question or concerns you have about your case.
Houston Personal Injury Lawyer Charles Johnson can help…
Assess your legal situation. An experienced personal injury attorney will help you understand the legal issues involved in your specific personal injury claim. Is the injury serious? Is it a permanent or temporary injury? Who was at fault? Was there an uninsured or underinsured motorist involved? Is there any third party responsibility? Do you have pain and suffering? Should you try to negotiate with the insurer yourself? Do you have to accept his settlement offer? Do you know what your case is worth (the insurance company does and won’t tell you)? A good lawyer will tell you whether it makes sense to sue in small claims court, to sue for a larger amount in state court or to settle out of court.
Obtain additional evidence, information and reports. A good personal injury attorney will know what kinds of evidence to look for (i.e., medical and vocational evidence, police reports, etc.) and will investigate and interview potential witnesses for statements.
Provide legal coaching. If representing yourself works better for you, consider using an attorney as a legal coach to help you (1) understand the personal injury law that applies to your case; (2) find the evidence that best supports your case; (3) understand the relative strengths and weaknesses of your claim; (4) understand the litigation process and customs unique to your local courts; (5) draft or review paperwork; (6) identify opportunities for a settlement to your personal injury claim; or (7) represent you if at some point you feel you can no longer go it alone.
Negotiate. If there is an unresolved dispute, there will be negotiations with a claim adjuster who is a professional negotiator. You’d be wise to hire an attorney to negotiate on your behalf and to protect your interests.
Make a phone call or draft a lawyer’s letter. Your attorney can handle all communications with the other party, including phone calls. This reduces your exposure to the risks and unpleasantness of dealing with the other party on your own. Similarly, good lawyers often extend each other professional courtesies and may be able to obtain with a phone call what would otherwise take a battle. A letter from your lawyer helps to establish your claim and puts the other party on notice that you are taking the matter seriously and are represented by a professional.
Represent you in court. An experienced lawyer can help you file a personal injury lawsuit against the party with whom you have a dispute. If your opponent has a lawyer, then by all means, you need to get one too.
We strive to attain the highest compensation for the victims we represent, who are injured by the negligence of others. We cannot undo an injury nor can we bring back a loved one. What we can do is help you seek the highest compensation for you.
Charles Johnson practices in all State of Texas and all United States Federal Criminal Courts. Mr. Johnson also travels to Austin, San Antonio, Dallas, El Paso, Corpus Christi, and The Valley in Texas. These are the major population centers in Texas and Charles Johnson maintains offices in Austin, Dallas and San Antonio. Please know however that Charles Johnson represents clients in every county, city, town and village in the Great State of Texas. From The Panhandle to The Valley or The Juarez Border Crossing to The Golden Triangle, Charles Johnson’s clients receive excellence, intense professionalism and personal care in the their legal matters.
Call Charles Johnson - 713-222-7577, 24/7, and toll free, 24/7 - (877) 308-0100. Call us. You will speak with a live, human, caring person who knows what you’re going through, will connect you to Charles Johnson right away, and will be assisting Mr. Johnson in protecting your freedom. When only the Best Houston Personal Injury Lawyer will do, call us.
Charles Johnson received his undergraduate education at The University of Texas at Austin, and his Doctor of Jurisprudence degree from The University of Houston Law Center. After earning a Bachelor’s degree, along with All-Southwest Conference and All-American honors in Football and Track and Field at The University of Texas, Mr. Johnson played in the National Football League with the Denver Broncos and New York Football Giants. When Mr. Johnson chose to retire from football, he left his then-current contract with the Houston Oilers, who are now the Tennessee Titans. After retiring from football, Mr. Johnson continued to live in Houston and is now The Houston Personal Injury Lawyer.
Looking at the life and achievements of Charles Johnson will show you he is unique, special and always strives to be the very best. He is a competitor and a winner. You can rest assured, Charles Johnson will bring a warrior’s spirit and commitment to winning to your case. He WILL obtain the best possible compensation available.
Charles Johnson’s philosophy: intense preparation, the best investigation, aggressive posture in presenting YOUR case.
If you or a loved one were seriously injured or your family recently lost a loved one to the wrongful actions of someone else, contact Houston Injury Lawyer Charles Johnson directly 24 hour/day, 365 days/year at 713-222-7577 or call our Houston law office toll free at 877-308-0100 for a free, no-risk consultation.
The Charles Johnson Law Firm – The Houston Personal Injury Lawyer – Solving Problems, Every Day.
Charles Johnson |
14 comments
| Tags: accident, advocacy, cause, Charles Johnson, Charles Johnson Houston Personal Injury Law Firm, Charles Johnson Law Firm, charles-johnson-law-firm-reviews, court, evidence, Experience, Houston Personal Injury Attorney Charles Johnson, Houston Personal Injury Lawyer, insurance, intention, pain, personal injury attorney, personal-injury-lawyer-blogs, recklessness 
Consult the Finest Houston Lawyer at the Charles Johnson Law Firm as soon as possible if you or a loved one has been arrested or charged with a criminal offense. Getting legal guidance is essential to make certain that a defendant’s legal rights are safeguarded.
Certain constitutional protections apply to an individual arrested for a criminal offense. Additionally, there are certain procedures that are generally identical from jurisdiction to jurisdiction. Here is a concise explanation of what occurs when an individual has been arrested for a criminal offense.
A person could very well be charged with a criminal offense before they are arrested. If this transpires, a judge is going to issue a warrant for the individual’s arrest. A law enforcement officer will try to find the individual who is the subject of the warrant. If the individual is found by the authorities and arrested, police officers must give the individual a copy of the warrant that declares the charge for which they are being arrested. The authorities do not necessarily have to have a copy of the warrant with them at the time of the arrest, however they must provide a copy to the arrested individual within a reasonable amount of time afterward.
After an individual is arrested, they will be “booked” at the police department. This involves taking fingerprints and completing other procedural requirements. The individual will then be held in police custody pending a court hearing. This hearing will generally take place within 48 hours.
When an individual is taken into police custody, they have the right to contact a lawyer. The individual will likely be permitted to get in touch with a criminal defense attorney. The individual should have at least a brief opportunity to meet with their criminal defense lawyer prior to their preliminary court hearing.
At the court hearing, the judge will read the criminal charges against the individual, who is designated the defendant. If the individual was arrested without an arrest warrant, this will likely be the first time they are told the criminal charges against them. The judge will attempt to ensure that the defendant comprehends the criminal charges. The judge will then ask the defendant to enter a plea. A defendant can enter a plea of “not guilty”, of “no contest”, or of “guilty”.
Even if the defendant is guilty, they are able to enter a plea of not guilty, should they think there is not enough evidence to establish their guilt. In any case, a plea of not guilty may result in a trial where the federal government will be required to establish, beyond a reasonable doubt, that the defendant is guilty of the criminal offense for which they are being charged.
A jury will need to decide, dependent on the evidence introduced by both sides, whether or not the defendant is to be found guilty or not guilty. In many cases, a defendant may possibly waive their priviledge to a jury trial, and the judge will determine if they are guilty or not guilty primarily based on the evidence which is offered. The defendant should speak with their criminal defense lawyer about whether or not they should waive their priviledge to a jury trial.
If the result of the trial is that the defendant is found not guilty of the violations charged, they can be released from police custody. If the result of the trial is that the defendant is found guilty or if there isn’t a trial due to the fact that the defendant entered a plea of no contest or of guilty, then there will be a sentencing hearing.
There will be evaluations of the defendant that are performed prior to the sentencing hearing. By way of example, if the criminal offense is DWI, the defendant may be evaluated to determine if they have a substance abuse issue. The court will also prepare a pre-sentencing report, which is basically an investigation into the previous criminal history of the defendant. This knowledge helps the judge determine an appropriate sentence.
At the sentencing hearing, there will be an opportunity for individuals to speak with the court about what factors they feel the court should take into account in determining a sentence. These individuals can include the victim of the criminal offense, the victim’s family, the defendant, the defendant’s family, and any other interested party.
The judge will take into consideration all of the evidence shown and any sentencing requirements. The judge will then enter a sentence for the defendant. If the criminal offense was fairly minor, and the defendant has been in custody throughout the entire court process, some may have already served the jail time that has been imposed by the judge. If the criminal offense is more severe, the defendant could possibly face substantially more prison time. Furthermore, a criminal sentence may involve more than serving time in jail. The defendant may be ordered to pay fines, to provide restitution to the victim, to undergo treatment for substance abuse or mental problems, to perform community service, or many other things.
Any person who is arrested for a criminal offense should hire an experienced Houston Lawyer with practical experience in criminal defense to represent them. This is the most effective way to make certain that their legal rights are defended, and that they obtain the finest possible outcome.
If you or someone you love has been arrested, you probably aren’t sure where to turn or what to do next. A positive first step is to contact the Charles Johnson Law Firm as soon as possible, 24 hours/day. Houston Lawyer Charles Johnson will guide you through the complicated maze of the justice system and help you to remain calm during this stressful time.
Charles Johnson |
No comments
| Tags: concise explanation, constitutional protections, contest, court, criminal charges, criminal defense attorney, criminal defense lawyer, criminal offense, evidence, houston lawyer, individual, jurisdiction, Lawyer, legal guidance, police custody, priviledge, procedural requirements, result, sentence, warrant
If you’re arrested for possession of illegal drugs, whether for private use or with the intention of selling, The Houston Lawyer Charles Johnson will expertly ascertain which defenses may apply for your case should you plead not guilty. Various states deal with the issue of unlawful drugs in various ways, while the federal government has a tendency to have the most stringent drug sentencing regulations. However drug possession defenses are rather standard across state lines. Several defenses challenge the stated basic facts, testimony or evidence within the case, whilst others focus on procedural problems , frequently search and seizure infractions.
The following are several defenses to drug possession criminal charges, several much more typical than others:
Illegal Search and Seizure
The 4th Amendment of the United States Constitution guarantees the privilege to due process of law, such as legal search and seizure methods leading up to a charge. Search and seizure challenges are very typical in drug possession cases. Illegal drugs discovered in “plain view,” including a auto’s dash panel following a legal traffic stop, might be seized and utilized as evidence. Nevertheless illegal drugs discovered within the trunk of a vehicle after prying it open with a crowbar, presuming the suspect didn’t provide authorization, can’t be put into evidence. In the event the accused’s 4th Amendment rights had been breached, then the illegal drugs can’t be utilized at trial and the criminal charges usually are dismissed.
Illegal Drugs Belong to Another Individual
A typical defense to any type of criminal offense arrest would be to merely proclaim that you did not do it. The drug possession equivalent would be to assert that the illegal drugs are not yours or that you simply had no idea they had been inside your apartment, for instance. The Finest Lawyers In Houston at the Charles Johnson Law Firm will compel prosecutors to establish that the marijuana cigarette discovered within the automobile really belonged to their client rather than another individual within the automobile.
Crime Lab Assessment
Merely because it appears to be crack or Heroin does not necessarily mean that it is. The prosecution needs to establish that a seized material is actually the illegal drug it claims it is by submitting the evidence for crime lab analysis. The crime lab analyst then needs to testify at trial in order for the prosecution to prove its case.
Missing Illegal Drugs
Attorney Charles Johnson will make certain prosecutors have the ability to provide the actual illegal drugs for which their client has been arrested. Comparable to the requirement for analysis by a crime lab, prosecutors who misplace or otherwise don’t have the actual drugs risk getting their case dismissed. Seized drugs frequently are transferred a number of times prior to ending up within the evidence locker, therefore it should by no means be presumed that the evidence continues to exists throughout the trial.
Illegal Drugs Had Been Planted
This might be challenging to establish, because a law enforcement officer’s sworn testimony carries a great deal of weight within the courtroom. Moreover, other police officers might hesitate to blow the whistle on a fellow police officer. Nevertheless, Attorney Johnson might file a motion that, if authorized by the judge, demands the department to produce the complaint file of the given police officer. This file references the names and contact details of those that produced the complaints, who might then be interviewed by the lawyer or his private detective.
Entrapment
While authorities are free to operate sting operations, entrapment happens when police officers or informants cause a suspect to commit a criminal offense this individual otherwise might not have committed. If the informant pressures a suspect into giving illegal drugs to a 3rd party, for instance, then this might be regarded as entrapment. Usually, entrapment happens when the state offers the illegal drugs involved.
Do I Need A Criminal Lawyer?
If you’re arrested for any type of of these or some other drug related criminal offense, get in touch with The Leading Houston Criminal Defense Lawyer at the Charles Johnson Law Firm as soon as you possibly can. The consequences of carrying out a drug offense may be very harsh, such as actual jail time, in some cases for several years in significant high profile drug cases. Being found guilty for a drug-related crime could not just harm your personal and professional stature, but may lead to termination from a good job or even the suspension or revocation of one’s professional licenses. It is not whether or not you’ll acquire a criminal defense attorney, rather, it is who you’ll find to handle your case at your most susceptible time.
Do not let drug charges destroy your future. Attorney Charles Johnson will expertly defend drug charges in the courtroom. If you’re struggling with misdemeanor or felony drug possession charges for a drug arrest in Texas, safeguard your legal rights and future. Contact the Finest Attorney in Houston now for a free initial consultation. He will talk to you about your case anytime, day or night.
Charles Johnson |
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| Tags: 4th amendment rights, Amendment, analysis, automobile, client, crime, dash panel, drug possession, due process of law, evidence, houston lawyer, Illegal, illegal drugs, illegal search and seizure, procedural problems, search and seizure, state, testimony, type, united states constitution
Drug possession is a typical criminal charge that’s faced by a number of Houstonians. Innocent bystanders are occasionally charged with this crime, folks who had been merely “in the wrong place at the wrong time” and are today in severe legal trouble. Seek the help of The Houston Lawyer Charles Johnson to learn more about what you can do to assert your rights.
Drug possession criminal charges can easily differ significantly, dependant upon the quantity of the drug you’re charged with possessing. Even a minute quantity of illegal drugs can easily come with severe consequences and the fees and penalties just get much more serious as the quantity increases. Try to remember to think long term; you would like the criminal case handled correctly right now to ensure that it will be considered a speed bump rather than a road block in your life. Houston Lawyer Charles Johnson is going to be devoted to that type of defense.
Laws regarding Drug Possession frequently prosecute drug offenders in very much the equivalent manner they prosecute various other felony offenders. Approximately 90 % of all the drug possession cases don’t make it to trial. The majority of the offenders will plead guilty to drug possession violations. A basic drug possession conviction in Texas might lead to community service, probation, drivers license sanctions, court-ordered drug rehab, county jail time and fines.
Several police forces obtain restitution for their expenses in connection with the criminal arrest and prosecution. Even though the harshness of the penalties may differ with the criminal offense, a good number of drug criminal charges in Texas have serious consequences of some sort. This is often particularly accurate when the charged offense entails weapons in “protected zones” (like educational facilities and recreational areas), adolescents, or perhaps a past drug conviction. Criminal defendants looking to steer clear of prison or jail will want to get in touch with an experienced drug defense lawyer early on in their case. The Charles Johnson Law Firm Criminal Defense philosophy involves intense preparation, investigation that is on par with, and in many cases, better than the authorities and an aggressive posture when advocating our client’s position.
Drug Possession Laws are frequently more severe for possession of drugs which have a higher propensity to trigger misuse, dependency, physical injury, and loss of life. Laws regarding Drug Possession also make it a criminal offense to possess any sort of precursors to drug production or drug distribution. Possession of paraphernalia, or drug accessories, is also unlawful according to laws regarding drug possession.
Laws regarding Drug Possession are also more severe in instances when an offender was caught with a significant amount of a given substance. Frequently Prosecutors will charge these offenders with “drug possession with intent to distribute”. In these instances, an offender might have to deal with an enhanced sentence with stricter penalties. Drug possessions laws also prosecute multiple offenders considerably tougher than those that are first time offenders.
Best Houston Drug Possession Defense: The Houston Lawyer Charles Johnson
Don’t risk a potentially life-ending conclusion to your case. Get in touch with Houston Lawyer Charles Johnson now. In drug possession defense criminal cases, Attorney Johnson will work to prevent the case from becoming charged as drug distribution, that carries a lot more severe penalties. This individual will conduct a thorough investigation into law enforcement procedures, looking for evidence of constitutional misconduct which will permit him to file motions to dismiss particular evidence. He will also present virtually all helpful background info about his client to the court, to be able to persuade the court that the client isn’t a distributor. If dismissal of the criminal charges isn’t feasible, he will argue for alternative sentencing choices, including enrollment in a drug therapy program and/or perhaps community service.
The laws regarding drug possession have received significant scrutiny for numerous years. The latest trend is to really encourage rehab choices for non-violent drug offenders. Countless numbers of drug courts have been established to offer long-term counseling, sanctions, benefits, along with other programs to participants. Completion of these programs frequently results in a lessened or even dismissed criminal sentence. These types of programs are appearing to be much more cost effective and more successful than the mandatory minimum laws regarding drug possession. For additional details on laws regarding drug possession, get in touch with Houston Lawyer Charles Johnson. He will be able to help you get your life back on track.
Charles Johnson |
12 comments
| Tags: client, conviction, court, court ordered drug rehab, criminal defendants, drug conviction, drug possession violations, evidence, felony offenders, help, houston lawyer, innocent bystanders, license sanctions, life, minute quantity, sentence, sort, time, trouble, wrong place at the wrong time
What is a Criminal Appeal?
A Criminal Appeal is known as the request from any party in the lower court proceeding to the higher (appellate) court requesting the appellate court to examine and alter the decision of the lower court. If the defendant in the criminal court case is found guilty of a charge or charges, this defendant will have the legal right to appeal that conviction or the penalties or sentencing. It’s common for defendants who have been found guilty to appeal his / her convictions.
Top Houston Criminal Appeal Lawyer: The Charles Johnson Law Firm
The defendant in the criminal trial can appeal right after the individual is found guilty at trial. The truth is, it’s very typical for defendants who have been found guilty to appeal their convictions and/or sentencing. Typically only the defendant in the criminal trial can appeal. The prosecutor cannot appeal if the defendant is acquitted (found “not guilty”) at trial. A prosecutor cannot place the same defendant on trial for the very same charge with the exact same evidence. This sort of retrial is referred to as “double jeopardy.” Double jeopardy is specifically disallowed under the 5th Amendment of the US Constitution. Nevertheless, prior to or during the criminal court trial, the prosecutor might be able to appeal specific rulings, for instance when a judge has ordered that some evidence be “suppressed”. Appeals that occur in the course of a trial are known as interlocutory appeals. Typically, appeals can be quite complex; the appellate court has a tendency to implement technical rules for carrying on with a criminal appeal.
In criminal court cases, the federal court can review a conviction once all of the ordinary appeals have been completely utilized. A defendant who has been found guilty can request one such review in the petition for the writ of habeas corpus , Latin for “you have the body.” Merely a small number of these types of petitions are generally granted. In death penalty legal cases, these types of proceedings have grown extremely controversial. Since the judicial or prosecutor’s error in the death penalty case has such severe penalties, courts evaluate petitions for writs of habeas corpus cautiously.
The procedures of appellate courts encompass the guidelines and procedures through which appellate courts evaluate trial court decisions. The Federal appellate legal courts observe the Federal Rules regarding Appellate Procedure. The State appellate courts adhere to their unique state rules involving appellate procedure. Both in state as well as federal jurisdictions, appeals are normally limited to “final judgments.” There can be exceptions to the “final judgment rule,” such as cases of basic or serious error because of the trial court, questions involving subject-matter jurisdiction of a trial court, or constitutional concerns.
The issues under evaluation in appellate court focuses on written briefs offered the parties. Such complex documents describe the concerns for the appellate court and outline the legal authorities and justifications supporting each individual party’s position. The majority of appellate courts don’t hear oral arguments unless there’s a specific request from the parties. Few jurisdictions permit oral argument as a matter of course. Where it’s permitted, oral argument is supposed to describe legal issues offered in the briefs and attorneys tend to be constrained to keep their oral presentations stringently for the issues on appeal. Typically, oral arguments are subject to a rigorously enforced time frame. This time restriction may be expanded solely upon the discernment from the court.
Where are Appeals Filed?
Generally, people can only file an appeal using the next higher court within the same system that the case begun. For instance, in the event that individuals wish to file any appeal from a decision in the state trial court, usually they could file their appeals just to the state intermediate appellate court. A party who loses at appeal can next appeal to the subsequent higher court within the system, normally the state supreme court. The state’s highest court is virtually always the last word on issues regarding that state’s law.
How Much Does a Criminal Appeal Cost?
To tell the truth, numerous appeals are often very inexpensive. If your appeal is centered on a single plainly defined issue of law, and all parties have organized strong briefs, could cost very little to appeal. However, appeals which include statements that the judgement had been contrary to the weight of the evidence generally will need both the printing of the entire trial history and intensive examination as well as briefing. These kinds of appeals are fairly expensive as they possibly require considerable amounts of attorneys’ time. Furthermore, they often times end up being significantly less successful.
Houston Criminal Appeal Lawyer: The Charles Johnson Law Firm
Managing the criminal appeal process is tough and time-consuming. Houston Lawyer Charles Johnson will help you prepare your strategy. Contact us now for a no cost preliminary consultation.
Charles Johnson |
One comment
| Tags: 5th amendment, appellate court, conviction, court, court trial, criminal appeal, criminal court cases, decision, double jeopardy, evidence, Federal, houston lawyer, interlocutory appeals, jeopardy, Lawyer, party, prosecutor, state, us constitution, writ of habeas corpus
Although individuals within the United States are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. State or federal law enforcement officers are permitted, where justified, to search your premises, car, or various other assets in order to look for and seize illegal items, stolen goods or evidence of a criminal offense. What rules must law enforcement follow when engaging in searches and seizures? What can they do in upholding the laws, and what can’t they do?
What police officers May Do:
- Under the Fourth Amendment to the United States Constitution, law enforcement officials may engage in "reasonable" searches and seizures.
- To establish that a search is "reasonable," the authorities need to generally demonstrate that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the criminal offense. This is often designated probable cause.
- In a few situations, police officers must first make this showing to a judge who issues a search warrant. In the majority of special circumstances, however, law enforcement may be able to conduct a search without a warrant. In fact, virtually all searches are "warrantless."
- Police may search and seize items or evidence when there isn’t any "legitimate expectation of privacy." In various other words, in the event you did not have a privacy interest in the items or evidence, the authorities can take them and, in effect, no "search" has transpired.
Note: In deciding whether or not there was a "legitimate expectation of privacy," a court will take into consideration two matters:
- Did you have an expectation of some degree of privacy?
- Was that expectation reasonable in our society’s view?
Example: You have a semi-automatic rifle that you had stolen from a pawn shop. You leave the rifle laying on the hood of your vehicle when you get home. You do not have a "legitimate expectation of privacy" with regard to items you leave on the hood of your automobile, and the authorities may take the weapon. No search has happened.
- Police may use first-hand info, or tips from an informant to justify the need to search your property. If an informant’s info is utilized, police officers need to establish that the information is reliable under the circumstances.
- Once a warrant is obtained, police officers may enter onto the specified area of the property and search for the items listed on the warrant.
- Police could very well extend the search beyond the specified area of the property or include some other items in the search beyond those specified or listed in the warrant if it is required to:
- Ensure their safety or the safety of others;
- Prevent the destruction of evidence;
- Discover more about possible evidence or stolen items that are in plain view; or
- Hunt for evidence or stolen items which, primarily based upon their preliminary search of the specified area, they believe may be in a different location on the property.
Example: Law enforcement have a warrant to search your basement for evidence of a drug manufacturing operation. On their way through your property to go down to the basement, they see a cache of weapons sitting on your kitchen table. Some may take the guns to guarantee their safety while searching your basement.
- Police may search your property without the need of a warrant in the event you consent to the search. Consent needs to be freely and voluntarily given, and you can never be coerced or tricked into giving it.
- Police may search your person and the immediate surroundings without any a warrant when they are placing you under criminal arrest.
- If a person is arrested in a residence, police may make a "protective sweep" of the residence in order to make a "cursory visual inspection" of places where an accomplice may be hiding. In order to accomplish this, the police must have a reasonable belief that an accomplice may be around.
Example: Law enforcement arrest you in your living room on criminal charges of murder. They can open the door of your coat closet to make certain that no one else is hiding there, but may not open your medicine cabinet because an accomplice couldn’t hide there.
- When you are being taken to jail, police may perform an "inventory search" of items you have with you without the need of a warrant. This search may include your vehicle if it is being held by the authorities in order to make a list of all items inside.
- Police may search without the need of a warrant if they reasonably fear for their safety or for the public’s safety.
Example: If the authorities drive past your home on a regular patrol of the neighborhood and see you, in your open garage, with ten cases of dynamite and a blowtorch, they can search your garage without a warrant.
- If it’s required to prevent the imminent destruction of evidence, police officers may search without any a warrant.
Example: If the authorities see you trying to burn a stack of cash that you stole from a bank, they can perform a search without a warrant to stop you from further destroying the money.
- Perform a search, without the need of a warrant, when they are in "hot pursuit" of a suspect who enters a private dwelling or area following fleeing the scene of a crime.
Example: If law enforcement are chasing you from the scene of a murder, and you run into your apartment in an effort to get away from them, they could follow you into the apartment and search the area without the need of a warrant.
- Police may perform a pat-down of your outer clothing, in what is designated a "stop and frisk" situation, as long as they reasonably believe that you may be concealing a firearm and they fear for their safety.
Houston Search & Seizure Defense: Hire the Leading Houston Criminal Lawyer
What police officers May NOT Do:
- The law enforcement officials may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies.
- If evidence was attained via an unreasonable or illegal search, the police may not use it against you in a trial. This is designated the "exclusionary rule."
- The law enforcement officials may not use evidence resulting from an illegal search to obtain some other evidence.
- The police may not submit an affidavit in support of obtaining a search warrant if they didn’t have a reasonable belief in the truth of the statements in the affidavit.
- Unless there is a reasonable suspicion that it contains evidence, unlawful items, or stolen goods, law enforcement may not search your vehicle. If your vehicle has been seized by the police, however, they can search it.
- Unless they have a reasonable suspicion that you are involved in a criminal activity, the police may not "stop and frisk" you. Should they have a reasonable suspicion, they may pat down your outer clothing if they have concerns that you might be concealing a weapon.
Courts often need to determine case-by-case whether or not the circumstances in which law enforcement searched without a warrant had been legal. Thus, any time a search has already occurred and you aren’t sure of its legality, speak to the Top Houston Criminal Defense Attorney as soon as possible. And if the search has not yet been conducted, make sure that you understand your rights in advance.
Charles Johnson |
4 comments
| Tags: criminal defense lawyer, enforcement, evidence, expectation, government intrusion, home, houston criminal defense lawyer, info, law enforcement officials, legitimate expectation, need, person, privacy interest, search, search warrant, searches and seizures, special circumstances, united states constitution, vehicle, warrant
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