One of the key defense strategies in criminal cases is the proof of an unreasonable search and seizure. This may be defined as a search conducted or arrest made in violation of the defendant's constitutional rights, i.e. without probable cause or a valid warrant. A Fort Myers criminal lawyer may be able to use proof of an unreasonable search and seizure to file a motion to suppress key evidence in a case, changing the entire course of the trial or plea negotiations in a defendant's favor.
As an example, let's look at a marijuana possession case. Joe has been arrested by Fort Myers police because they allegedly found large quantities of marijuana in his house. He is charged with possession with intent to sell/distribute due to the large amount of the drug and the presence of items that indicate distribution, including a measuring scale, baggies, a client list and large amounts of cash. To some, this may seem like an open-and-shut case with no chance of Joe avoiding a conviction. It may seem easiest to accept a plea bargain.
Fortunately Joe takes immediate action after his arrest and retains the services of a Fort Myers criminal lawyer from Calvo & Calvo. Upon thoroughly investigating the case from every angle, our team discovers that the manner in which the search was conducted seems somewhat fishy. We look further into this and discover that the police did not have a warrant to search Joe's property and did not establish probable cause to conduct this search. Furthermore, they conducted the search without Joe's permission. By filing a motion to suppress all evidence found in this illegal search, we effectively eliminate all grounds for the prosecuting attorney's case against Joe, resulting in a dismissal of all charges.
This is just an example of how an illegal search and seizure may impact a defendant. Of course, every case is different and the approach will vary depending on the unique circumstances of the case. To find out how our firm may be able to help you, contact our offices today.