A judge can grant a motion to suppress based on various legal grounds. It could be because the evidence was obtained in violation of your Constitutional rights, such as through an unlawful search and seizure, Miranda rights violations or even errors by law enforcement that contaminate or compromise the integrity of the evidence.
Suppressing evidence can have significant implications for your criminal case. The prosecution may not be too eager to proceed to trial with a weak argument unlikely to secure a conviction. It could result in a favorable plea deal, reduced charges or even a dismissal of your case. That said, your case can still proceed to trial if the prosecution wishes to go all the way. However, the exclusion of crucial evidence can significantly increase the likelihood of a desirable verdict.
Challenging the admissibility of the evidence in your criminal case can be a pivotal defense strategy that could sway the odds in your favor. However, it’s easier said than done. The legal technicalities involved in suppressing evidence and the complex nature of criminal proceedings can be overwhelming.
It highlights the need for qualified legal guidance to help identify and make the most of the flaws in the prosecution’s case while safeguarding your rights and interests.
]]>The value of a catalytic converter depends on the type of metal it’s made from, its age and condition. Of course, multiple converters can add up to a lot of money – when there’s a market for them.
State lawmakers across the country have taken steps to address the problem by increasing the criminal penalties for those convicted of these thefts as well as making it more difficult for those who steal them to make any money off them by selling them.
This year, California enacted two laws to try to dry up that market. The sponsor of one piece of legislation said it would “ensure that any purchaser of a catalytic converter is a licensed commercial enterprise and will make it more difficult for illegal sellers to get rid of their stolen goods.” As Gov. Gavin Newsom said in signing the laws, “You take away the market for stolen goods, you can help cut down on stealing.”
Beginning on Jan. 1, 2024, two more laws are taking effect that are meant to deter these thefts. One allows prosecutors to charge someone with illegally dismantling an auto if they’re found with nine or more stolen catalytic converters. The other criminalizes removing the vehicle identification number (VIN) from one.
Local jurisdictions can enact their own, even harsher, laws to address catalytic converter theft. Further, while being charged with catalytic converter theft in itself is serious, too often, these thefts escalate into violence and even fatalities.
Because these thefts generally involve vehicles in parking lots or parked on streets or driveways, everything happens very fast. It can be easy to get caught up in something without realizing what’s going on or being at the wrong place at the wrong time. If you or a loved one is facing criminal charges, it’s crucial to seek legal guidance as soon as possible.
]]>If you are facing criminal charges, you’ll ideally avoid social media altogether until your case is complete. Why? Anything you post on social media can potentially be used against you in court. This includes photos, videos, comments or even seemingly innocent activity that could be interpreted out of context. You’ll want to stay off social media until your case resolves so that you don’t give prosecutors any additional reason to come after you and so that you don’t give judges and juries any greater reason to suspect that you’re guilty.
If you need any additional motivation to stay off of social media while law enforcement officials are likely scouring your accounts for potential evidence, consider that social media profiles can significantly shape how the public, including potential jurors, perceive a defendant. Inflammatory or controversial posts can negatively impact public opinion, which could influence jury selection and the jury's attitudes during a trial.
Additionally, prosecutors may scour your social media activity for evidence of character traits or past behaviors that could be relevant to the case. Posts that suggest a pattern of illegal or risky behavior can be particularly damaging.
Finally, discussing any aspect of your case on social media can unintentionally disclose your legal strategy to prosecutors. Even private messages or deleted posts can be recovered and used as evidence.
Staying off of social media right now can be undeniably challenging. But, when it comes to protecting your interests and your very future, it is far better to be safe than sorry.
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