Top Criminal Defense Attorney and founding partner of the Law Offices Edward R. La Rue, in Cleveland, Ohio, unveils top strategies to dismiss criminal charges by challenging illegal searches, lack of probable cause, and scrutinizing law enforcement procedures. For more information please visit https://www.edwardrlarue.com
When a person is charged with an offense, there are several options that a defense lawyer will seek to adopt to get the charge dismissed, leading Ohio attorney Edward La Rue said this week.
For more information please visit https://www.edwardrlarue.com
The founding partner of the Law Offices of Edward La Rue in Cleveland, said one approach is to explore whether the person was subjected to an illegal stop and search.
He said that an attorney proving the police search was conducted illegally could result in the exclusion of evidence that could be vital to the prosecution’s ability to even move forward with prosecution thereafter.
La Rue added: "Stopping a driver in a car for arbitrary reasons or on an improper legal basis such as the driver's race is both illegal and unconstitutional. Similarly, police can only search a person or car if they have a search warrant or in certain situations in which they believe a crime has been or is presently being committed.''
"If this did happen, I would request the case be dismissed upon excluding that evidence, as the prosecution will often be left without sufficient evidence to continue to press charges."
Probable cause is another basis upon which La Rue may move to have charges dismissed against a client. He said: "Police must have a reasonable and an honest belief or ‘probable cause’ to arrest someone for a crime. This probable cause needs to be based on specific factual circumstances that can be described by law enforcement”.
"People can get arrested and charged with a crime without this critical probable cause element. In cases like this, the charges will likely be dismissed if a defense attorney can prove that law enforcement acted without probable cause to stop, seize, search, or arrest a possible suspect."
La Rue said that losing or gathering critical evidence by law enforcement could also help undermine a person's prosecution. He elaborated: "It's often helpful to examine police procedures, preservation of evidence processes, and the like when sifting through the facts”.
"Poking holes in how the police collected evidence or gathered witnesses can also call into question whether there is enough evidence to charge a defendant with a crime based on reliable, admissible evidence."
According to La Rue, seasoned criminal defense attorneys know how to look at a case and approach it aggressively to get the charges dismissed on these and other legal and factual grounds.
He concluded: "There may be additional grounds for dismissal beyond those mentioned. If you've been charged with a crime, contact an attorney immediately so they can evaluate your case."
Name: Edward R. La Rue
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Organization: Edward R. La Rue, Attorney at Law
Address: 323 W. Lakeside Avenue, Suite 210, Cleveland, Ohio 44113
Phone: (216) 304-4850
Release ID: 89113743
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