Constitutional Violations as Defenses in Felony Cases

When you are facing any type of felony charges in Colorado — whether for a drug offense, a felony DUI offense, weapons offenses, theft offenses, or violent crimes — it is essential to build a defense strategy with an experienced Denver criminal defense attorney that is tailored to the particular facts of your case. Some types of defense strategies can apply to various kinds of criminal cases, including constitutional violations. How can you determine if a constitutional violation is a strong defense against the charges you are facing? The best way is to discuss the details of your arrest and the charges you are facing with a lawyer, but in the meantime, we can provide you with more information about constitutional violations and felony charges below.

How Constitutional Violations Can Arise in Felony Cases

You have various rights under the US Constitution, and several of the constitutional amendments specifically address your rights when you are faced with the possibility of a criminal stop or search, interrogation, detainment, and other circumstances.

Most often, constitutional violations that can become part of a defense strategy are violations of a person’s Fourth Amendment rights against unreasonable search and seizure, and Fifth Amendment rights including protections during a custodial interrogation. How can violations occur? The following are just some common examples of violations of the Fourth and Fifth Amendments in criminal investigations and in the context of criminal arrests:

• You are stopped and your vehicle is searched in a traffic stop without a warrant and where the law enforcement officer did not have reasonable suspicion for the stop or probable cause for the search;
• Your home or person or other property was searched without a warrant and there was no exception to an unlawful warrantless search under the Fourth Amendment;
• An unlawful warrantless search occurred that led to the key piece of evidence being used against you by the prosecution in violation of the Fourth Amendment; or
• You were placed in a custodial interrogation and were not informed of your Miranda

Will a Constitutional Violation Result in My Case Being Dismissed?

Whether or not a constitutional violation can result in the charges against you being entirely dismissed will depend on the circumstances — the type of constitutional violation and the details surrounding it, and whether or not there is other evidence against you to support the prosecution’s charges.

If a prosecution’s entire case is built on the results of a warrantless search or information contained in a custodial interrogation where your Miranda rights were violated, the case could be dismissed. At the same time, constitutional violations may result in certain evidence against you being disqualified and a case against you moving forward.

Contact a Denver Felony Criminal Defense Attorney for Assistance with Your Case

Are you facing felony charges for a criminal offense in Colorado? If so, it is important to seek legal advice as soon as possible about the strongest defense strategy or strategies to apply to your case. Depending on the circumstances, a constitutional violation may result in the charges against you being dropped or may at least be a partial defense against specific evidence that is being used in the prosecution against you. You should get in touch with one of the experienced Denver felony criminal defense lawyers at DeChant Law today to begin working on a defense strategy that is tailored to the facts of your case.

Sources:

constitution.congress.gov/constitution/amendment-4/

constitution.congress.gov/browse/essay/amdt5-4-7-5/ALDE_00013690/