Our Redwood City Criminal Defense Attorney Explains “Standing”

Posted on October 15, 2015

Attorney at Law

Sometimes a Redwood City criminal defense attorney runs into a situation in which a criminal defendant has heard of certain legal terms but does not have a clear understanding of what his or her rights really are. For example, a criminal defendant may believe that he or she has a right to privacy and to be free from unreasonable searches and seizures. However, there are limitations on such rights. One important limitation is that of “standing.”

Background of Standing

A Redwood City criminal defense attorney can explain that a search is not necessarily illegal simply because it resulted in finding evidence that could incriminate you. It is a common tactic for a criminal defense attorney to ask that such evidence be suppressed. However, before a judge will order a suppression hearing, you will have to be able to establish standing – that is, your legal right to challenge the evidence. This requires that your Redwood City criminal defense attorney allege sufficient facts that you have this right to challenge the evidence.

Legitimate Expectation of Privacy

The issue of standing usually rests on whether the defendant had a legitimate expectation of privacy in the location searched or the object seized. Simply owning something does not qualify under this definition. Standing may be established by showing that the arresting officer saw that the defendant was in possession of the item. A witness may come forward to state that the defendant was sleeping at the residence for several nights before it was searched. Others may testify about the defendant’s ownership interest in an item, vehicle or residence in order to help establish standing.

Legal Assistance from Our Redwood City Criminal Defense Attorney

If you would like more information about whether you had standing in your particular case, contact a Redwood City criminal defense attorney from Silveira Law by calling (415) 795-3890.