St. Petersburg Criminal Defense Lawyer

In Florida, a law enforcement official must have probable cause in order to arrest someone. Probable cause involves apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution. Probable cause is a level of reasonable belief, based on facts that can be articulated, that is required to arrest and prosecute a person in criminal court. Before a person can be arrested and prosecuted, police and prosecutor must possess enough facts that would lead a reasonable person to believe that the charge is true.

The 4th Amendment to the Constitution of the United States protects individuals from unreasonable searches and seizures. It states,

the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched.

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A warrant works in connection with probable. A warrant is a document signed by a judge or magistrate that allows law enforcement officials to search a person, his or her possessions, and eventually arrest that person. The warrant must be signed before law enforcement can act on it. There are exceptions in the law when police may make arrests without a warrant. Normally, these situations occur when obtaining a warrant prior to the arrest is impractical. However, this can not be abused by law enforcement.

All states have similar constitutional prohibitions against unreasonable searches and seizures.

As Florida criminal defense lawyers, the attrorneys at Flanagan Defense will examine how probable cause and any search and seizure actions were conducted to ensure your Constitutional rights.

In the United States, being accused of a crime is not the same as being convicted of a crime. While each state has its own statutes and criminal codes regarding illegal activity, every state holds that the accused person is innocent until proven guilty in a court of law. The police can intimidate you but they can’t convict you. The prosecutor can use all sorts of legal tactics and manipulate the evidence but he or she can’t convict you. No, in this country only a jury of your peers can convict you of a crime. As your defense attorneys, we’ll have a role to play in who is considered a “jury of your peers”.