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Frisco, TX criminal defense attorney unlawful searchIt is not always easy to understand where police officers’ authority ends and citizens’ constitutional rights begin. If you are like many people, you may be unsure of what rights are afforded to you by state and federal law. You may also be unsure of how those rights apply to police searches and seizures. It is crucial for every citizen to know when police do and do not have the right to search personal property. If police officers discover evidence of a crime in an unlawful search, that evidence may be inadmissible or unusable during criminal proceedings.

Rights Protected by the Fourth Amendment to the U.S. Constitution

The Fourth Amendment enforces our right to be free of “unreasonable searches and seizures” by government officials like police officers. A government official cannot simply search a person’s home or belongings or take a person’s property for no reason. However, police searches that meet certain criteria are permissible under the Fourth Amendment and other legislation. Our expectation of privacy also varies depending on the type of property in question. For example, police do not have to obtain a search warrant before they search a motor vehicle.

When Can Police Search My Car?

In order to legally search your car, truck, van, or another vehicle, at least one of the following elements must be present:

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Frisco stalking charges defense lawyerThe term stalking may conjure up images of someone following another person, sending excessive emails, or constantly calling them on the phone. Similar to domestic abuse, stalking is a crime that is all about control and power. Stalking is broadly defined as “conduct directed at a specific person that involves repeated visual or physical proximity, non-consensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear.” According to the Centers for Disease Control and Prevention’s (CDC) National Intimate Partner and Sexual Violence Survey (NISVS),1 in 6 women and 1 in 19 men have been the victim of during their lifetime.

Common Stalking Behaviors or Actions

Under the Texas Penal Code, the offenses of harassment and stalking are very closely linked. Stalking can best be described as aggravated harassment. However, harassment charges can come after a single act. On the other hand, stalking charges may be filed against a person who repeatedly (on more than one occasion) engages in conduct that would constitute harassment or that causes another person to fear for his or her own safety or the safety of his or her loved ones. 

To be considered stalking, a repeated threat can be either implied or explicit, but it must be directed at a specific person. This can be done in person or electronically. In today’s digital age, posting personal information or spreading rumors about someone can be considered cyberstalking. Stalking behaviors may also include any of the following acts: 

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Fairview criminal defense attorney gun charges

There has always been a social battle about the safety of guns — do you feel safer with a gun in your hands or without one? The state of Texas allows gun ownership with the proper training and permits. Most people who own weapons use them for hunting or protection purposes. In fact, many who face gun charges use self-defense as their legal defense tactic. Since it is common for this tactic to be used, Texas law illustrates what is considered self-defense to protect those who were defending themselves while also obtaining justice for gun violence victims when the situation warrants. 

Actions of Self-Defense

Known as “protection of persons” in Texas legislature, anyone who reasonably believes that immediate force is necessary to protect themselves is warranted to use this force against their attacker. The following three elements must be present in order for the situation to be considered a valid concern of threatened danger, thus warranting self-defense:

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Frisco Criminal Defense LawyerSince there are numerous crimes with which you could potentially be charged, including DWI, drug possession, theft, and assault, there is a wide variety of defense strategies to be employed depending on the offense. Finding an experienced attorney to stand by your side is crucial to your case, but this can be a daunting task. If you are searching for a qualified defense attorney but are unsure what to look for, there are a number of qualities that show that the attorney at hand has the necessary skills to understand your case and provide you with insightful legal advice.

What to Look for in an Attorney

When meeting with attorneys for the first time, look for the following characteristics to see if they are the right fit:

  1. Attention to Detail—Your lawyer needs to be well-versed and knowledgeable about the law and the latest developments in your local justice system in order to be prepared to take on your case. He or she needs to review and understand all the details about your case in particular. This requires an exhaustive study of the discovery items, evidence, and any other documentation provided by the prosecution. Your criminal defense lawyer should be studying the jury as well. Your lawyer needs to know the jurors' backgrounds and how that may impact the verdict. An accomplished attorney will also study the jurors' body language in addition to the ways a witness reacts during testimony. All of these “minor” details can be collected and used as a tool to win your case.

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