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People are sometimes unaware they are subject to a criminal investigation until they are arrested or formally indicted. You may wonder how you can protect yourself when you are subject to investigation, what your rights are, or what can incriminate you. The evidence found or not found during an investigation can make the difference in a guilty or not guilty verdict.
Criminal investigations can have a long-term impact on your life. When you are facing the threat of a criminal investigation, you will need a dedicated criminal defense attorney to support you. You have a right to counsel, and a lawyer who is well acquainted with criminal investigations in Bloomington could assist you in building a strong defense.
Under the Fourth Amendment, everyone is protected from unreasonable searches and seizures. Searches can include entering a person’s home, looking through a person’s cell phone, taking blood from them, or placing a tracking device on a vehicle. Everyone has a constitutionally protected right to privacy in their own home, but sometimes police violate that right and barge into someone’s home without a warrant to find evidence of accusations against them. When they do, the evidence they collect could be thrown out, meaning it cannot be considered in court. A Bloomington attorney with years of experience helping clients understand and enforce their rights in criminal investigations could use this to your advantage.
The police must have a search warrant or the resident’s consent to search when they knock at someone’s door. When a government agent or police officer comes to search someone’s home, the renter or homeowner should ask to see a warrant signed by a judge.
For a judge to issue a warrant, the prosecutor must convince the judge a misdemeanor or felony has been committed, and police will likely find evidence of the crime when they search the property. The judge must have probable cause, which is the reasonable belief a crime was committed and evidence of that crime would be found in a specific place, to grant the warrant. Whether a person should comply with the police’s search depends on the facts of their case, even if the person knows they are innocent. Anyone under criminal investigation should seek advice from a Bloomington lawyer as soon as possible.
The state must meet the burden of proof to show you are guilty of their allegations, and the burden of proof the prosecutor must meet in a criminal trial is much greater than that of a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so convincing that there is no reasonable doubt the accused committed the crime.
Criminal defense attorneys often argue there were constitutional violations to get their client a not guilty verdict or a lesser sentence. When they successfully argue there was a violation of amendments to the United States Constitution, such as the Fourth or Fifth Amendments, evidence the police obtained as a result of illegal state action, like a search without a warrant, is inadmissible under the “fruit of the poisonous tree” doctrine. Since criminal law can be complicated and intricate, it is best to hire a defense attorney to take on your criminal investigation case in Bloomington. They could convincingly prove reasonable doubt, advocate for a reduced sentence, negotiate for a lesser charge, or seek a plea bargain.
When you are facing the threat of criminal investigation, you should reach out to a legal professional immediately. The penalties are serious and can have long-term effects on your life. It can affect your present and future finances. You must fully understand your rights and options. Consult with a seasoned lawyer at BK Law Group to get information about possible defenses for criminal investigations in Bloomington. Call today for a consultation.