A federal criminal defense lawyer Redwood City CA locals turn to knows that when police arrest someone based on what they find during a search, there may be questions as to the legality of that search. At The Morales Law Firm, we have aggressively fought for client’s rights since 1991. We understand how the violations of someone’s rights can affect the validity of their arrest and will fight accordingly. Allow a Redwood City CA federal criminal defense lawyer from our firm to fight for you, too.
Have Your Rights Been Violated?
If you have been arrested, some of the questions your federal criminal defense lawyer in Redwood City CA may ask you include:
- Was your home searched by police?
- Did the police have a warrant?
- Do you know if there was probable cause for the search?
- Do you believe that the search was unreasonable?
When police suspect criminal activity, they may search a suspect’s house or person, depending on where the crime occurred. However, there are certain protections that the Constitution guarantees individuals against unlawful searches.
The Fourth Amendment to the U.S. Constitution guarantees all people with protection against unlawful searches and seizures of property by law enforcement. When facing a drug charge, having an experienced federal criminal defense lawyer Redwood City CA defendants rely on is essential to a strong defense.
The Fourth Amendment
The Constitution applies to all people – citizens and non-citizens alike. Thus, it is important to know what protections the constitution guarantees you.
- The Fourth Amendment guarantees that people will be free from illegal searches of their person and property. It guarantees that all people will be free from “unreasonable searches and seizures” of your person, your home, and the like.
- The Fourth Amendment guarantees that people will be secure in their persons. In order for law enforcement to subject an individual to search, there must be probable cause for them to believe that a crime was committed.
- The Fourth Amendment states that warrants are needed to search a home (with some exceptions). Typically, in order for law enforcement to search your home they need a warrant. If an officer receives consent to search a home, then the search may be lawful. Further, if there is a probable cause and certain facts and circumstances that warrant a search, then the search may be lawful. Additionally, if items are in plain view of the officer, the items may be subject to search and seizure. A federal criminal defense lawyer Redwood City CA community members trust from our firm can examine your case to determine if any exceptions to the law apply.
What Happens When the Seizure is Unlawful?
When a seizure of evidence is unlawful, the seized evidence is inadmissible against the defendant. After the court determines that law enforcement seized the evidence unlawfully, the it cannot be held against you. Your attorney can petition the court to have inadmissible evidence thrown out under the exclusionary rule.
What to Do When You’ve Been Questioned By the FBI
If you have recently been questioned by the FBI regarding a crime,you may be wondering whether or not you should consult a federal criminal defense lawyer Redwood City, CA men and women trust for honest advice. In truth, the answer lies within whether or not the Federal Bureau of Investigations has a reason to suspect you in the commission of a crime.
As a general rule, there are only a few reasons the FBI would be contacting you; including:
They Are Seeking General Information – If a crime was committed near your location, the FBI might believe that you can offer them some general information that will assist in their investigation. Even if you have absolutely nothing to do with what happened and are not a suspect, they do have the right to ask you questions.
They Are Looking for Specific Information – If investigators came across your name during their investigation and believe it is in someway connected with a crime, you may be questioned. In this case, you might not be a suspect, but you could – whether or not you know it – possess information that will help them.
You Are a Suspect – By law, as a federal criminal defense lawyer Redwood City, CA provides to residents’ might explain to you, investigators do have a right to let you know that you are a suspect. However,keep in mind, this does not always happen.
Apart from these three main reasons as to why the FBI might be questioning you, there are additional situations in which you may find yourself in the presence of the FBI.
Situations the May Warrant the FBI’s’ Questions
There are situations that you may find yourself in, and which involve the FBI questioning you. These include:
You Have Been Held as a Hostage – If you were held hostage, particularly in a federal institution like a bank , the FBI will be involved and you will likely be questioned.
You Are an Employee at a Facility Where Embezzlement of Government Property Has Occurred – If you are working in a place, such as an office, where embezzlement has taken place, the FBI may question many, if not all, people in the facility. If you are sure you are not involved, you really should not be concerned. However, if you have the slightest doubt about your involvement, you should consult a federal criminal defense lawyer Redwood City, CA has to offer as soon as possible.
You Were Involved in a Federal Crime – If you were in anyway involved with, or committed, a federal crime, and the FBI questions you, it is advisable to remain silent and call a federal criminal defense lawyer in Redwood City, CA right away.
Final Tips to Consider When You Are Being Questioned by the FBI
We, at The Morales Law Firm would recommend each person to cooperate with law enforcement, especially for the apprehension of a criminal who has committed a serious crime. However, we also believe in Miranda Waring and the rights of the people and know that overzealous law enforcement can take advantage of vulnerable situations. If you are stopped and questioned by the FBI, please consider these tips:
- If you are detained or a suspect of a crime, you should request to see a Redwood City, CA federal criminal defense lawyer and avoid saying anything until your lawyer arrives.
- If you have not been detained and are not a suspect, you should be mindful about what you say.
- It is your right to ask if you’re being detained. If they tell you “no”, you can walk away and resume your day.
Whether you answer their questions is up to you. However, understand that even if you are innocent, if you refuse their questions, the FBI might press harder. Sometimes when you are being questioned by the FBI or any other law enforcement, you may find yourself in a catch-22 situation; therefore, you should call a federal criminal defense lawyer Redwood City, CA provides to you for advice.
Contact a Criminal Defense Attorney
If you are charged with a crime, you need an experienced federal criminal defense lawyer Redwood City CA residents choose to protect their rights. At The Morales Law Firm we have experience representing clients charged with drug crimes throughout the state. We will gather all evidence necessary and advocate zealously throughout each step of the process. Call Christopher F. Morales of The Morales Law Firm today at (415) 552-1215 for a free consultation with a federal criminal defense lawyer Redwood City CA offers.