In criminal cases generally and specifically in Bucks County, many different constitutional issues can arise when the prosecution seeks to admit evidence against an accused and seek a verdict of guilty against an individual. If you are accused of crime then it is important you understand these rights and how they may impact your case. To learn more call a Bucks County criminal lawyer today.
Constitutional issues arise from the very beginning until the very end of the case. Issues such as whether or not the police and or prosecutor had probable cause to make an arrest in the first place, often come in to play in Bucks County. The Fourth and Fourteenth Amendments to the United States Constitution protect the individual from unlawful searches and seizures of their person, place or automobile.
More specifically in Pennsylvania, article 1 section 8 of Pennsylvania provides for protections that are even greater than the federal protections under the Fourth and Fourteenth Amendments to the United States Constitution. Therefore, Pennsylvania is a state that protects the individual’s rights even more so than the federal government.
Constitutional issues are prevalent in almost every criminal case. Additionally, constitutional issues arise when an individual is held by a police and questioned by a police. An individual has the right to remain silent, so-called Miranda warnings. And those warnings cannot be waived unless and until a person is advised properly by police and chooses to waive them.
An individual has the right to seek counsel and or an attorney on their behalf to advise them at the time any statement is given. Therefore, the constitutional right against self-incrimination comes in to play. Having an experienced Bucks County criminal defense attorney on your side prevents any problems that arise out of the constitutional guarantees that attack an individual’s statement.
Therefore, having the right lawyer in Bucks County on your side can strongly aid in the defense of the case. Additional constitutional issues come in to play when we look at the procedure around trying cases in generally. A criminal matter must be tried within 365 non-excludable days.
The U.S. and Pennsylvania constitutions are very specific to criminal acts and criminal defense. As a result, constitutional issues are prevalent at all times. Whether it would be a lineup that occurs, a statement that is taken, evidence that is obtained, locations that are searched and all those scenarios, constitutional issues play a tremendous role in determining what evidence can be used against the individual.
If it is found that constitutionally, certain evidence was obtained unlawfully, the evidence cannot be used at trial in Bucks County. Therefore, a person who is the subject of an investigation where evidence has been suppressed and or taken out of a trial has a much greater chance of success.
David Clark Attorney at Law