Most Common Mistakes By Law Enforcement
While most police officers are professional and handle their duties correctly, there are times when mistakes are made when arresting an individual. Whether this is due to simply forgetting how the law pertains to a situation, or perhaps an officer attempts to take shortcuts not allowed by the law, the fact is when a mistake is made, it can have a dramatic role in how your case is handled or dismissed. Below are some of the most common mistakes made by law enforcement, along with why you should speak with a Missouri criminal defense attorney if you have been in one of these situations.
Failure to Read Miranda Rights
If an officer takes you into custody, he or she is required to read you your Miranda rights at that time. If they fail to do so, they are violating your Constitutional rights, and your case should be dismissed as soon as possible. Since it is legal for police to lie to you, always make sure you request to have a Kansas City criminal defense lawyer present before answering any questions.
In these situations, police may fail to collect key evidence supporting your claims, or attempt to intimidate witnesses to build a case against you. If these situations occur, your Kansas City criminal defense attorney can argue it will not be possible to prove your guilt beyond a reasonable doubt.
If an officer searches your home without having sufficient probable cause or a warrant based on probable cause, the search is considered illegal. If this happens to you, anything seized during that search will thus be suppressed in court, meaning it cannot be used against you.
If you have been the victim of a law enforcement mistake that could put your future at risk, contact attorney John A. Picerno to schedule a consultation regarding your criminal case.