You just got arrested. Your heart is pounding, your future is on the line and you’re wondering whether you even have a shot at fighting the charge. You might, especially if the police messed up. It happens more often than you would think.
Here are some mistakes by law enforcement that may undermine your case if you’re facing criminal charges in California..
An unlawful search or seizure
Police need a legally valid reason to pull you over or stop you on the street to search you. It can’t be just mere suspicion. It must be based on specific facts that suggest criminal activity. If a search and seizure wasn’t legally justified, any evidence that came from it could be tossed out, regardless of how crucial it is.
Forgetting Miranda rights
If the police arrested you and then questioned you without reading your Miranda rights, any statement you made could be ruled inadmissible. Even if you confessed, the fact that you weren’t read your rights means the confession can’t be used against you.
Sloppy evidence handling
Evidence is only as strong as the way it’s handled. If the police lose track of evidence in their possession, contaminate it or cannot clearly show who had it and when (chain of custody), that can cast doubt on its reliability and credibility in court. As a result, such evidence may be deemed inadmissible and excluded from your case.
Using force or threats to get a statement
If police used threats or physical force to get you to talk, your statements may not be allowed in court. Coercion undermines the credibility of anything you said and it violates your constitutional rights.
While these and other law enforcement mistakes can open the door to a strong defense, it takes a trained eye to spot them and use them effectively. That’s why it helps to get legal guidance as soon as possible. It can improve your chances of turning the tables in your favor and help protect your rights.
