Bangor ME criminal defense lawyer
Excluding Evidence in a Criminal Case
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, 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 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 ME who has dealt with multiple criminal cases at the state and federal level fighting for you. Call a skilled defense attorney from David Bate 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.
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.