Our Redwood City Criminal Defense Attorney Defines Dropsy Cases
Posted on November 26, 2015
Your Redwood City criminal defense attorney from Silveira Law understands that defending a charge for dropping an item during a pursuit can be a difficult process. The question often revolves around whether the officer can prove the assailant had actual possession of the discarded item before the observance. Officers must prove they had reasonable suspicion to pursue the individual before they can search for probable cause to arrest. Sometimes a mere observance does not stand up to the rules of evidence, especially when your Redwood City criminal defense attorney can cast reasonable doubt.Dropsy Discovery Hearing
The first step your Redwood City criminal defense attorney will take is requesting a hearing requiring the prosecution to present all case evidence. This hearing could reveal vital information when your defense counsel develops a counter argument to the testimony of the arresting officer. Ultimately, it is up to the prosecutor to press the charge through the system, and often it is futile when the defendant counsel can effectively contest the officer’s version of events.Evidence Suppression and Seizure
Some courts will attempt to suppress evidence in favor of the prosecution, but an experienced Redwood City criminal defense attorney will object that there is nothing to suppress if the evidence is acquired illegally. Officers often claim that evidence not found on the person of a defendant is seized legally when based on observance. The question then becomes whether or not the defendant was actually under detainment while the officer is in pursuit, which can hold the officer to legal Fourth Amendment search protocol.Contact a Redwood City Criminal Defense Attorney
Anyone facing a charge in Redwood City involving discarded personal property should contact Silveira Law at (415) 795-3890 for a free case evaluation.