Criminal Attorney Serving Fort Lauderdale
Common Defenses to Criminal Charges
Depending on the unique case, there are a number of relatively common criminal defense strategies that an
attorney may use on a defendant's behalf in order to help him or her avoid a conviction or maximum penalties for an offense. Following are some examples of common criminal defenses in Florida:
Unreasonable Search and Seizure - did law enforcement have a warrant or probable cause to search you or your property and collect evidence against you? If not, this may be grounds to have this evidence suppressed in court.
Unlawful Arrest - were you lawfully arrested and read your Miranda rights? A violation of this kind may be used to have certain statements you may have made after your arrest thrown out.
Evidence Chain of Command - if law enforcement mishandled or failed to document the collection, transfer and processing of evidence, this may be grounds to question its validity.
Unreliable Witness - one or more of the prosecution's witnesses may be unreliable as known drug abusers or people with a personal interest in lying or withholding information.
Challenging DNA Evidence - DNA evidence is usually a key part of a case against a defendant. If an attorney can prove, however, that this evidence was unlawfully obtained, the sample was too small to form an accurate profile, or that the evidence was mishandled, this may be grounds to have it dismissed.
Improper Lineup - when law enforcement creates a lineup for a witness to pick out a perpetrator, there is a specific procedure that must be followed to make this fair and in accordance with the defendant's constitutional rights. Violations of this kind may result in this evidence being excluded from a trial.
Fort Lauderdale Criminal Defense Lawyer
If you are interested in learning more about your rights and legal options in challenging your criminal charges and what criminal defenses may be used to clear your name, please contact our firm immediately to talk to a lawyer about your unique case.
Contact a Fort Lauderdale criminal attorney at the Law Office of Marshall Geisser today!