The FBI, the Drug Enforcement Administration (DEA), and other government agencies are capable of efficiently gathering evidence and pursuing their investigations into federal crimes, especially with today’s technology.
However, recent reports have shown various situations where the federal government has seemingly overstepped its bounds in attempt to bring suspected criminals to justice. When this has happened the courts have thrown out that evidence. If you have been arrest or had a case involving subterfuge call an experienced Miami federal criminal attorney.
The courts have thrown out evidence because the evidence is tainted in some manner. It may have been acquired through deceptive practices, without proper authority, or through erroneous or bogus sources.
Whatever the case may be the fact is bad evidence raises questions about a case, and that weakens the prosecution’s ability to prove that an individual is guilty of a crime.
In a recent investigation, the FBI turned off Internet access to three luxury villas in Las Vegas in order to gain entry into those premises disguised as computer repair technicians. This was the method they employed to collect evidence.
The FBI engaged in this activity despite the fact that an assistant U.S. attorney, Kimberly Frayn, recommended against it. When the manner in which the agency went about collecting evidence was revealed, defense lawyers asked the federal court to dismiss the evidence the FBI discovered.
In order for law enforcement to collect evidence, an individual must waive his or her constitutional safeguards against unreasonable searches under U.S. law. That is, unless, of course, authorities obtain a warrant through proper channels.
Any evidence collected by other illegal means may not be used in court. In this situation, no search warrant was issued and consent was not given.
No Shortcuts to Justice
If you are facing criminal charges, one way in which a criminal defense lawyer can help you is by ensuring that law enforcement has not infringed upon your rights.
There are no shortcuts to justice and once police and investigators start circumventing the law and violating the rights of individuals, the justice system becomes compromised.
This means that anyone charged with a crime must have a good criminal defense lawyer Miami who is aggressive about and dedicated to making sure that all of his or her rights are preserved.
It is important to note that the best time to retain a criminal defense lawyer is immediately upon arrest. This will help you protect your rights, and it will allow your legal counsel to begin building your defense immediately. Also, hiring a federal lawyer sooner than later increases the chances of having charges dismissed.
When it comes to levying charges in a criminal case, the quality of the police work is a major factor for the prosecution. For the defendant, the skill level of the lawyer hired to represent him or her is a predominant factor in the outcome of the case.
If you are arrested and charged with a federal crime or state crime in Miami or the South Florida areas, contact the Law Office of Paul J. Donnelly P.A.. Call us at 305-757-3331. We are tough, diligent lawyers who offer each of our clients personalized service.
Our attorneys are dedicated to giving clients the best chance of winning their case. We devote ourselves to creating an effective strategy that is focused on having cases dismissed or to our clients’ outright acquittal; to investigating every part of the prosecution’s case, including all evidence, in an attempt to expose any areas that are weak or in which clients’ rights have been violated; and to ensuring that they see the best possible outcome in relationship to the circumstances.