Defenses in criminal cases can take many shapes but virtually all can be characterized as factual defenses or legal defenses. A factual defense is a defense based on the unique facts of a case: Was there an alibi? Was there an eyewitness? A factual defense would ultimately be presented to a jury in most cases. A legal defense on the other hand, has to do with whether there is a law, or legal principle that would apply and help lead to, for example, suppression of evidence collected by the police. Legal defenses are usually presented to the judge, rather than the jury.
One common legal defense is an argument that the police acted improperly and should be barred from using evidence gained through the violation of a suspect’s rights. A knowledgeable and experienced criminal defense attorney will begin by looking closely at the traffic stop or initial interaction between a suspect and the police. Did the police have a right to approach and detain a suspect? Was the suspect committing any violation that would give police the right to detain the suspect? Was the detention reasonable under the circumstances?
An experienced criminal defense lawyer will closely analyze every stage of a case in this way. Under the United States and Texas Constitutions, police behavior is closely regulated, and if the police do not follow the law, the evidence they gain will not be allowed in court. In many cases, this will lead to a dismissal of a case. Because the law relating to traffic stops, searches and confessions can be quite complicated, it is important to have a criminal defense attorney knowledgeable in this area of the law. If you or a loved one is charged with a crime in the Houston area, the attorneys at Scheiner Law Group are an excellent choice and have an outstanding record of using legal defenses as one of many tools to secure great results for their clients.