If you found yourself pulled over by a police officer and that traffic stop ended in your arrest, you may have a suspicion that the officer did not conduct him- or herself in accordance with the law. In particular, you feel that the officer may have illegally searched your vehicle. How can you know?
Does an officer need a warrant?
Unlike a home search, police officers do not need a warrant to search a person's vehicle. However, they do need to have either your permission or probable cause to carry out a search. This means that a police officer cannot ask you to step out of your vehicle and immediately start rifling through your car. It does mean that a search can take place if any of the following details apply:
If these factors did not apply to your situation but an officer conducted a search anyway, he or she may have found supposed evidence that resulted in your arrest. Now, what can you do?
Consider your legal options
If you believe that the officer conducted an unlawful search of your vehicle that resulted in your subsequent arrest, that detail could play a substantial part in your criminal case. If the court determines that the officer violated your rights, the court could deem any evidence discovered during that unlawful search inadmissible. Going over this information with an experienced defense attorney could help you determine whether the officer violated your rights and whether you have reason to address this point in court.
]]>You may have tried to explain that you had no involvement, but likely, the police did not take you at your word. A smash and grab burglary took place, and police may believe that you show up on surveillance video or may have found you in the area where the burglary took place around the time it occurred. Though you want to vehemently maintain your innocence, you must now do so in court.
What is a smash and grab?
Georgia law covers various types of property crimes, and a smash and grab burglary occurs when someone essentially smashes his or her way into a retail business (such as by breaking a window or door), grabbing property and taking off. Usually, a smash and grab burglary is one that takes place relatively quickly and without attempts to coerce other individuals into handing over property. Burglary in general differs from robbery because burglaries typically do not involve any type of threats or force toward another person.
It is important to keep in mind, however, that the burglary does not necessarily have to involve the actual taking of property. The suspect only had to have had the intention to commit theft. In fact, the three elements the prosecution would need to prove that you committed a smash and grab burglary include the following:
Unfortunately, the state has harsh punishments for those convicted of burglary, as first degree, second degree and smash and grab burglary all fall into the felony category.
What could you face if convicted?
If the court convicts you of committing a smash and grab burglary, you could face a maximum sentence of 20 years in prison and $100,000 in fines. Undoubtedly, you want to avoid any type of conviction, and understanding your defense options will certainly come in handy. Because navigating such legal matters is complicated, you may want to obtain the help of an experienced attorney.
]]>In the heat of the moment, your thoughts may have only revolved around protecting yourself or maybe a loved one. You may have even tried to apologize for a misunderstanding and walk away. Unfortunately, the other party involved continued to antagonize you until you felt you had no choice but to fight back.
Criminal charges
Though you may have felt you had no other choice, it can be difficult to get the police to see your side of the situation right away. As a result, after someone called the police, you may have ended up taken into custody just like the other person. You may find the situation unfair, but nonetheless, you now face a criminal charge for assault or battery. When it comes to those allegations, they differ in the following ways:
It is also possible for either of these allegations to be considered aggravated charges, which could come with more serious consequences in the event of a conviction. However, for an aggravated charge to apply, the crime must have been more heinous, such as involving a deadly weapon or intentionally trying to cause serious or fatal injuries.
Your defense options
If you believe that you only acted in a violent manner to protect yourself or someone else, you may have the chance to use that information as part of your criminal defense. Self-defense in a physical altercation is a common defense to assault and battery charges, and you may be able to present a compelling argument to the jury involved in your case. Of course, it is wise to have help with such an endeavor, and you may want to enlist the assistance of Georgia attorney when building your defense.
]]>