Bangor ME criminal defense lawyer
Excluding Evidence in a Criminal Case
Bangor, ME criminal defense lawyer
An experienced criminal defense lawyer in Bangor, ME knows that if a person is charged with a “white collar” crime, it is usually after a long-term investigation. When evidence in a case is tampered with by law enforcement or the prosecution, a judge may throw out that evidence which can result in a dismissal of the charges against the defendant.
David Bate: a Bangor, ME Criminal Defense Lawyer You Can Count On
At David Bate Law Office, we have aggressively advocated for clients and fought to protect their constitutional rights since 1994. If you are being investigated for a crime or have already been charged with one, contact our firm right away so that we can determine the best way to fight the charges against you. As a criminal defense lawyer Bangor, ME community members turn to during difficult times, David Bate Law Office will be there for you, protecting your rights.
In criminal law, there is a doctrine known as the ‘exclusionary rule.’ This requires a judge to throw out evidence in a case if the evidence was procured in a way that violates the U.S. Constitution. Some of the ways in which evidence can violate the U.S. Constitution include evidence that was:
- Obtained without a search warrant when one is needed;
- Obtained following a confession that was coerced; and
- Obtained because law enforcement officials failed to honor a defendant’s right to be represented by an attorney.
However, the exclusionary rule does not always exclude evidence in every case in which these conditions are present. There are some exceptions to the rule. The exclusionary rule can exclude evidence if a judge rules that law enforcement officers acted incorrectly. If the judge is convinced that the officers were acting in good faith despite a mistake, a judge is not likely to exclude the evidence.
For example, if officers search a house based on a search warrant and find drugs and guns, and it is later determined that the warrant was not valid, the judge does not have to automatically dismiss the evidence. If the judge finds that the law enforcement officers were not aware of the defects in the warrant, and were therefore acting in good faith that the warrant was valid, then the judge would allow the prosecution to use the guns and drugs as evidence in a case against the defendant.
Evidence would also not be excluded if law enforcement officials can show that they would have eventually discovered the “bad” evidence through other investigative means. Furthermore, if the law enforcement officials find the evidence again through lawful means, a judge would allow the use of the evidence against a defendant. It is also important to note that although the evidence can be excluded in the main case against the defendant, it can still be used against the defendant to show that he or she is lying during testimony.
Contact a Criminal Defense Attorney
If you are charged with a crime, you need a criminal defense lawyer in Bangor, Maine who has dealt with multiple criminal cases at the state and federal level fighting for you. Call a skilled defense attorney from David Bate Law Office at (207) 945-3233 to set up free consultation and discuss what we can do to help.
What questions should I ask a Bangor, ME criminal defense lawyer?
At David Bate Law Office, we understand that if you’re facing criminal charges you may also have questions regarding your case and the charges themselves. As we have dealt with thousands of different cases, we know how this experience can be quite stressful. At David Bate Law Office, it is our primary goal to make sure you receive high caliber representation, the answers you deserve, and the appropriate assistance you need.
With that being said, if you’re facing criminal charges, you probably need an experienced Bangor, ME criminal defense lawyer to defend you, such as David Bate. Please call us at 207-945-3233 today to schedule a free consultation and get your questions answered. Before meeting with an attorney, it may be helpful to write out a list of questions to ask him or her. Below are some suggestions.
What does it mean when a person is charged with being a co-conspirator to a crime?
As our Bangor, ME criminal defense lawyer knows very well, the laws surrounding conspiratorial crimes can be very confusing. If you were charged as a co-conspirator to a crime, contact David Bate Law Office to speak with our criminal defense lawyer during a complimentary consultation. During your confidential case review you can learn more about how our firm can help you.
Conspiracy Laws by State
As with other laws on the books, conspiracy laws vary across the United States. And how individual states deal with crime conspiracies can differ from how the federal government legislates the same types of crimes. If you reside in the state of Maine, our Bangor criminal defense lawyer will consider state and/or federal laws to your case in the development of your legal defense.
What is considered a conspiracy charge?
When two or more people decide to work together to commit a crime or an illegal act, they may be charged with conspiracy to commit a crime. They do not have to carry out the crime or illegal act; they merely have to initiate it in order to be charged with conspiracy. When handling your case, your criminal defense lawyer can explain how the laws apply in your circumstances, and how they plan to defend you against the charge of conspiracy. As a general overview, a prosecutor has the burden of proving the following:
- The accused entered into an agreement regarding an illegal or unlawful act; and
- The accused did so with at least one other individual; and
- At least one of the persons involved completed a lawful or unlawful act that furthered them in reaching the goal of the agreement.
How does a criminal defense lawyer in Bangor, ME defend their client against a conspiracy charge?
When it comes to conspiracy charges, some states do not allow certain defense team strategies. Your criminal defense lawyer can advise you on this as it pertains to your case. Typically, since a case against a defendant accused of conspiracy is based on their participation in an agreement to commit a crime, their criminal defense lawyer may try to prove that there was no agreement. Or, perhaps the accused only pretended to agree out of fear, and when they went to the authorities to report the other person’s intent to commit a crime, they were unfairly charged with conspiracy. There are many options for crafting a defense strategy, but it all depends on the circumstances of what happened, and what did not happen.
Will my case go to trial?
Often times, criminal charges require a court appearance at some point in the process, either in front of a jury or with a judge. This largely depends on your case and your attorney. When selecting a Bangor, ME criminal defense lawyer to meet your needs, you should consider their field and industry experience. Your attorney may be able to convince the court to dismiss your case before going to trial. Among other methods, this can be done by proving to the prosecution that your case is not worth prosecuting, or that your charges and case were not filed legally. Avoiding a lengthy and expensive trial is always the goal at David Bate Law Office.
If I decide to plead guilty, do I still need an attorney?
At David Bate Law Office, we have seen from experience that it is vital to hire a Bangor, ME criminal defense lawyer to ensure that your legal rights are protected. In criminal cases especially, it is not advisable to represent yourself in court as the prosecution typically seeks the strictest penalties and sentencing possible. An attorney from our law firm will make every effort to convince the court to issue a lesser sentence or dismiss your charges altogether.
What should I look for in a criminal defense lawyer?
When looking for a criminal defense lawyer in Bangor, ME, you will want to choose an attorney with a positive track record in defending clients with felony charges as the repercussions of a conviction are quite serious. A felony crime conviction is punishable by serving one or more years in prison. For a misdemeanor, these crimes are often deemed less serious, and your prison sentence is less than one year. Regardless of your type of crime and the specific criminal charges you are facing, it is crucial that you hire a Bangor criminal defense lawyer to protect your rights.
For any questions you may have regarding your criminal charges or case, please feel free to contact our legal team at David Bate Law Office today. Our depth of experience will allow us to provide you with a trustworthy Bangor, ME criminal defense lawyer who can protect your rights.