Facing criminal charges that you believe you are innocent of can be an extremely frustrating situation to be in. Fortunately, there are defenses available in many cases that you may be able to raise in order to defend yourself against pending criminal charges. While every case is different, there are some defenses that are more commonly raised in criminal cases.
The 4th Amendment protects all Americans from unreasonable search and seizure. As a result, in order to stop a vehicle, a police officer must have reasonable legal cause to do so. Likewise, there only are certain instances in which an officer can search a vehicle. When law enforcement officers fail to respect these constitutional rights, a court could rule a search to be illegal, which, in turn, makes any evidence found during the search illegal. When a court suppresses evidence based on an illegal search, this ruling could result in a dismissal of charges due to a lack of admissible evidence.
In some cases, a witness or victim may have wrongfully accused or identified you as the perpetrator of a criminal offense. If a misidentification has occurred, you may be able to defend yourself by producing an alibi, which is proof that you were someplace else when the crime was committed. You may be able to prove an alibi by using a witness, such as someone who will testify that he or she was with you during the time in which the crime was committed. Other alibi evidence could consist of credit card receipts, surveillance footage in a restaurant, store, or parking garage, or other documentary evidence proving your whereabouts at the time of the commission of the offense. Missouri DWI & & Criminal Law Center, Benjamin Law Firm, P.C., can provide legal representation to you at all stages of your criminal case, including the expungement of criminal records. We will advocate on your behalf from the very beginning of your legal matter, and we won’t stop until your case is resolved. Contact the Missouri DWI and criminal defense attorneys at Benjamin Law Firm, LLC, by calling (816) 322-8008 or by filling out the online information form located here.