Criminal defense lawyer David Pflaum is an aggressive trial attorney who helps people challenge an unlawful detention by police, an illegal search without a warrant, a seizure without justification, and a violation of the right to remain silent.
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REMEDIES FOR AN UNLAWFUL DETENTION BY POLICE
When it appears the police have violated a persons constitutional rights, attorney Pflaum may challenge the wrongful police activity by filing a petition in court to have the evidence eliminated by a judge.
After the petition is filed the arresting officers must come to court to testify and justify their actions.
The defense attorney has an opportunity to cross examine the police officers to prove they had no legal justification for that actions.
He may also present testimony from his client and witnesses to convince the judge the police did not act properly.
If the judge agrees, the judge eliminates or suppresses the evidence. The case may get dismissed.
EXAMPLES OF AN UNLAWFUL DETENTION BY POLICE
Some examples of constitutional violations of rights might occur when police do any of the following.
- Stop a car for no valid reason
- Search personal property without permission
- Check a persons pockets or backpack without justification
- Enter a home without a warrant
- Order a person to do something without a valid reason
- Fail to advise a person of the right to remain silent
- Arrest someone without probable cause
THE CONSTITUTION PROTECTS YOU
AGAINST AN UNLAWFUL DETENTION BY POLICE
The law gives people the right to file a petition in court called a suppression motion to convince a judge that their constitutional rights were violated.
Attorney Pflaum prepares the petition and prepares the client for his or her testimony. The attorney may also subpoena witnesses to the hearing, and may rely on video of the incident to aid in the proof of the violation of rights during the suppression motion.
The Fourth Amendment to the United States Constitution protects persons from unreasonable searches and seizures, along with requiring any warrant to be supported by probable cause and judicially approved.
California Penal Code section 1538.5 states that a defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure because the search or seizure without a warrant was unreasonable.
This means that when the police stop a person on the street, turn on the siren of their patrol car and detain a driver, enter a persons apartment or home, seize your possessions, or search you, they must have a legal justification or warrant to do so.
Attorney Pflaum is the right defender to assert a persons rights. Reach out to him today for help.
VIOLATION OF THE RIGHT TO REMAIN SILENT
Sometimes the police interrogate a person by force or without advising the defendant of the the right to remain silent.
This is commonly referred to as Miranda rights and requires the police to advice the accused that he or she has the right to remain silent, not to speak to the police, and to have an attorney present during questioning.
This is because in the famous case of Miranda v. Arizona (1966), our United States Supreme Court ruled that the Fifth Amendment right to remain silent, and the Sixth Amendment right to counsel, required that a person in custody and being interrogated had the right to be informed of these rights before questioning.
If the police failed to advise a client of his or her rights, the judge may eliminate any statements or admissions that were made, which in turn may result in a dismissal of the case or a reduction of the charges.
THE EXPERIENCED DEFENDER
FOR AN UNLAWFUL DETENTION BY POLICE
AND OTHER VIOLATIONS OF RIGHTS
(760) 806-4333
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