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Illegal Search and Seizures and Right to Attorney

Criminal Defense Lawyer in Camden County

 Your Rights Under the Fourth & Sixth Amendments of the Constitutions

When you are charged with a crime, whether guilty or innocent, you are protected by certain rights included in the first 10 Amendments to the United States Constitution, also known as the Bill of Rights.  Particularly, under the Fourth Amendment, you have the right to be protected from illegal search and seizures of your property for the purpose of gathering evidence against you in a criminal matter.

The Sixth Amendment grants you the right to a speedy trial, along with other important rights that can assist you in your defense at the trial, including the right to call witnesses and the right to an attorney.

If you feel that your Fourth or Sixth Amendment rights have been violated, you need an attorney experienced with these types of matters. The New Jersey criminal defense attorneys at the Law Offices of Michele Finizio have handled countless criminal cases involving issues of illegal searches and seizures, as well as matters where defendants were effectively deprived of their rights to a speedy, just trial.

policeman talking to man he pulled over

Fourth Amendment: Protection from Illegal Search and Seizure

The Fourth Amendment to the U.S. Constitution guarantees all citizens the right to be protected from an illegal search and seizure of your property.  Generally, the police need two things before they can invade a person’s reasonable expectation of privacy: probable cause and a search warrant issued by a judge which specifies the details of the search.  However, there are also certain circumstances where the police can conduct searches without a warrant.   Michele Finizio, criminal defense lawyer in Camden County is  always on high alert to areas where the government (police) may stray and violate a client’s rights by making unreasonable intrusions, searches or seizures in violation of the Fourth Amendment.

Criminal Defense Lawyers at the Law Offices of Michele Finizio in Moorestown, NJ, Work to Set Aside Evidence from an Illegal Search

Generally, when our criminal defense lawyers prove that evidence obtained against our clients was obtained in an illegal search and seizure, it cannot be used against them.  In many cases, the prosecution chooses to drop the charges against our clients rather than continuing the case without the illegally obtained evidence.  As knowledgeable and experienced New Jersey criminal defense attorneys, our lawyers can discuss any suspected illegal search or seizure with you, so that we can evaluate the search procedure and help you navigate through the complex legal system and restore your rights.

Sixth Amendment – Right to Speedy Trial & Right to Counsel

The Sixth Amendment to the U.S. Constitution provides several rights to a defendant involved in a criminal prosecution:

  • the right to a speedy trial;
  • the right to be tried by an impartial jury;
  • the right to be informed of the charges;
  • the rights to call witnesses in your defense and to confront witnesses against you; and
  • the right to an attorney.

If a defendant’s right to a speedy trial is violated, the charges should be dismissed.  In the event of a jury trial, a defendant has the right to an unbiased jury. During the jury-questioning process, an experienced criminal defense attorney will ask certain questions of potential jurors and take specific precautions to help prevent a prejudiced jury.  For example, potential jurors whose answers to certain questions might show bias may be dismissed “for cause.”  On the other hand, an experienced New Jersey criminal defense attorney may also help to ensure that the prosecution does not attempt to dismiss potential jurors for prejudicial reasons, such as race or gender.

Our New Jersey Criminal Defense Attorneys Provide Effective Legal Representation

Since a defendant has the right to call favorable witnesses and to cross-examine witnesses against the defendant, it is important to have an effective attorney. An “effective attorney” not only knows the facts of your case and law as it applies to your case, but also understands how to use your Constitutional rights and court procedures to further your defense.  For example, at times, a defense attorney may need to request that the Court issue a subpoena if there is a concern that a witness may not appear in order to testify.  Once criminal proceedings are initiated upon issuance of an indictment or information, or once an individual is arraigned or has a preliminary hearing, the Sixth Amendment right to counsel applies to all stages of the proceedings, from initial appearance to appeal.  As a defendant in a criminal matter, you want to be sure to exercise this right with a South Jersey criminal defense attorney possessing the knowledge, skill and experience necessary to put on your best defense possible.