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Are There Any Constitutional Issues That May Come up in Virginia Beach Criminal Cases?

      Below,

Virginia Beach criminal lawyer

    discusses constitutional issues that arise in criminal cases. For more information on criminal cases in Virginia Beach or to discuss a case schedule a free consultation with an attorney today.

The most common constitutional issues that come up have to do with search and seizure cases which most commonly come up with drug charges. An example of when search and seizure questions come up is when an officer pulls someone over for a driving related offense,and then the person does something that causes the police officer to believe that the defendant may have a weapon. The officer is allowed to ask the driver to step out of his car and the officer is also allowed to frisk the driver for weapons.

The key here is that they are allowed to search only for weapons or anything that would put them in danger. That means if the officer feels something soft in the driver’s pocket he can’t go in and pull it out even though based on his experience he knows that most likely it is a baggie of illegal narcotic. You are not allowed to frisk the driver for narcotics in this situation. So, if he pulls up the baggie then that evidence will be inadmissible in court. These issues are tricky because they can be the difference between evidence that completely drove the case or not having enough evidence for conviction at all.

Value of an Experienced Virginia Beach Criminal Lawyer

When choosing an attorney, local experience is an important thing to look for because Virginia Beach attorneys are in Virginia Beach courts regularly. This allows them a familiarity that inexperienced lawyers will not have the advantage of. This type of experience gives the attorney the advantage of knowing how specific players in the court system are likely to behave which can then give them a leg up in their client’s cases.

Different judges treat cases slightly differently and it is good to be aware of these differences. Also having a relationship with the prosecutors makes it easier to communicate with them which of course can be of benefit to the client.

It is also good for an attorney to understand local law enforcement practices and the particular ways local officers most commonly make mistakes, especially when dealing with constitutional issues.

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