Blogs from June, 2023

Legalese sounds odd to the untrained ear. Certain phrases make sense to legal professionals, but they feel weird in casual speaking and writing. It’s easy to hear words that are used frequently and still have a hard time understanding exactly what they mean.

You've probably heard the term "probable cause" used in the news or legal shows, but it may be hard to pin down exactly what this phrase means. More importantly, it can be difficult to understand why probable cause is so important.

Law enforcement officials cannot accuse you without a reason. They need enough evidence to justify an arrest, conduct a search, or obtain a warrant. This evidence is called “probable cause.” The Fourth Amendment to the United States Constitution requires probable cause before police issue a warrant or conduct a search.

Probable cause can be small. It could be as simple as an officer seeing a swerving driver. This is enough probable cause to pull the driver over. Alternatively, probable cause can be enormously complex. Before arresting someone for financial fraud, for instance, police may conduct a thorough investigation that could take months or even years.

Without strong probable cause, authorities can easily lose their case against a suspect. Even if the police are right about their accusations, a case could be thrown out if the arrest had weak probable cause.

Here are some examples of how probable cause can lead to searches. If you are facing criminal charges, these examples may apply to your case. Even if you are not facing any criminal allegations, you should take this information seriously, as it could help protect you against civil rights violations in the future.

The Role of Probable Cause in a Property Search

Probable cause plays a critical role in property searches. Law enforcement must have sufficient evidence that a crime has been committed, and the property is likely to contain evidence of the crime.

For example, imagine the police believe that someone is selling drugs out of their house, and they want a search warrant. To obtain the warrant, the police must convince a judge that they have probable cause. Evidence may include surveillance footage, witness statements, communication records, or other relevant information. If the judge finds that probable cause exists, they may issue a warrant that allows law enforcement to search the property.

Without probable cause, any search of your property is considered unreasonable and a violation of your Fourth Amendment rights.

Probable Cause in a Vehicle Search

Probable cause is equally important in a vehicle search. While not as important as your home, your car is still private property, and the police cannot simply rummage through it for no reason.

First, officers must have probable cause to stop a car. For instance, if someone is driving erratically, an officer would have probable cause to pull that driver over. If the officer then sees something illegal through the window, they would have probable cause to search the rest of the vehicle.

If the police do not have probable cause to search your car, and you do not consent to a search, then legally, they have no right to go through your vehicle. Any evidence collected in this situation cannot be used against you in court.

Make sure to talk to an attorney whenever the police rifle through your car. If there are Fourth Amendment violations present, your attorney may be able to spot them and hold the offending officers accountable.

Challenging Probable Cause in Court

To challenge an officer’s probable cause, your attorney must question the evidence itself. They will attempt to prove that it was invalid, incomplete, biased, etc.

Your lawyer must present evidence and arguments that prove that probable cause was not present in your case. If successful, challenging probable cause can result in the suppression of evidence. This means that the evidence leading up to a wrongful search or arrest will be removed from the case. Sometimes, a lack of probable cause will force the judge to completely throw a case out.

If you believe you’ve been the victim of a wrongful search or arrest, contact Law Offices of Kenneth A. Stover at (775) 502-1575 or fill out our online form. We may be able to schedule a free case consultation with you right away.

Going to court for the first time can be a frightening prospect, especially when it is for criminal allegations. Many people have no familiarity with this situation, making it all the more intimidating.

If you are facing criminal charges proper planning can help you stay calm throughout the process, and it could increase your chances of success.

To help you gain clarity about what lies ahead, let’s take a look at how you should prepare for your initial criminal court hearing.

Dress Professionally

You may feel inclined to showcase your personality through appearance, but this is not the time for that.

Instead, opt for a neutral and conservative outfit that doesn't draw too much attention. Covering any body modifications, like tattoos or piercings, will help you appear respectful and responsible. Leave any hats at home, and don’t wear something with a logo or loud colors.

Make sure your behavior fits the tone of the situation. It may seem like a small detail, but even something as simple as chewing gum can come off as unprofessional.

Allow Yourself to Be Nervous

Your first time in criminal court can be a nerve-wracking experience. It's normal to feel a sense of anxiety and apprehension.

You may find yourself struggling to form coherent thoughts or words when your nerves get the best of you. Common physical symptoms associated with nervousness include a dry mouth, getting tongue-tied, or growing flustered.

A judge understands this fact, especially if you’ve never dealt with this experience before. Allow yourself to feel nervous, apologize if you mess up, but keep moving. If you focus on the sensations, you may start to get anxious about trying to overcome them, and that only makes the situation worse.

To effectively calm your nerves, take a deep breath and compose yourself. Remember, you are not alone, and many people have gone through this experience.

Remain Polite

If it's your first time in criminal court, you want to make a good impression. Be polite to everyone you come across, from the clerk to the prosecuting attorney. When it's time to enter your plea, speak clearly and loudly, so the judge can hear you. Always respond to the judge with "Yes, your honor" or "No, your honor."

Most importantly, do not disrupt or interrupt the judge or anyone else in the courtroom. Speak only when spoken to, and remember to remain respectful and attentive throughout the proceedings.

Be Punctual

A late arrival delays the proceedings and irritates the judge.

Keep in mind that the judges maintain a busy schedule. You are just one of many cases they are hearing that day. They have no personal connection to you, and lateness could turn their attitude toward you sour.

Take whatever steps you need to arrive early. Give yourself plenty of time to get ready, find parking, or navigate public transportation. Don’t schedule anything before or immediately after the hearing. Make it your top priority for that day.

Take Responsibility

The judge has seen it all before, and they’ve heard every excuse in the book.

Whatever the case, remain honest and take responsibility for your actions. A judge will appreciate the integrity of your honesty, and they will be annoyed at any attempts to deflect responsibility.

When you are truly innocent, explain yourself calmly and rationally, and stick to the facts. The judge may cut you off, or they might not believe anything you say. Either way, speak when spoken to, stay focused on the facts, and do your best.

Remember that you have a right to legal representation. Your attorney can step in whenever a judge or accuser steamrolls you or cuts you off.

Law Offices of Kenneth A. Stover is ready and willing to help you seamlessly survive this challenging time. Contact us by calling (775) 502-1575 or filling out our online contact form today.