Procedural Defenses in Criminal Cases
The Constitution is the foundation of our government, and also the foundation of procedural defenses in federal criminal cases. These defenses are often very effective.
Procedural defenses are effective because prosecutors don’t have time machines. If they need additional evidence as a DUI, aggravated assault, or other federal case unfolds, they can usually obtain it. But prosecutors cannot travel back in time and address one of the procedural errors discussed below.
Moreover, procedural defenses address a case’s validity, not its merits. If a defendant confesses to multiple gruesome murders, the case cannot go forward if police officers illegally obtained that confession.
To a Tampa criminal defense lawyer, a procedural defense is a shortcut to a successful resolution in a federal criminal case.
Pretrial Violations
One of the most common procedural defenses involves violations of the Fourth Amendment, which protects against unreasonable searches and seizures. If law enforcement officers conduct a search without a valid warrant or probable cause, any evidence obtained may be suppressed under the exclusionary rule.
A valid warrant is based on a written affidavit which demonstrates probable cause. In this context, probable cause means “S/he’s probably guilty, but we must hear both sides of the story.” The warrant itself must be narrowly tailored (i.e. designate specific rooms in a house) and issued by a neutral magistrate.
Courts narrowly define probable cause for search warrant exception purposes. Recognized exceptions include:
- Owner consent,
- Illegal item in plain view,
- Weapons pat-down,
- Automobile searches, and
- Exigent (Emergency) circumstances.
Further conditions apply. For example, in exigent circumstances, police officers may only enter property, like an apartment or a backpack, and make quick security sweeps. Furthermore, the “emergency” must usually be a life-threatening situation.
Under the Fifth Amendment, when peace officers conduct custodial interrogations without properly informing defendants of their Constitutional rights, any statements made may be excluded from evidence. Secondary evidence (e.g. “I’ll tell you where I buried the robbery loot”) is also inadmissible.
This provision also protects physical silence. Defendants may refuse to pose for pictures, try on gloves, or appear in lineups.
Jurisdictional issues are a special form of procedural defense. Federal courts must have proper jurisdiction over the alleged offense. If a crime does not fall within federal authority, the judge may throw the case out of court.
Procedural Defenses at Trial
These issues aren’t as common as Fourth and Fifth Amendment violations. But the exclusionary rule still applies. The Sixth Amendment also provides important procedural protections, including the right to:
- A Speedy Trial: The Federal Speedy Trial Act requires federal criminal trials to commence within 70 days of an indictment or initial appearance or 30 days of arrest.
- Counsel: The Sixth Amendment guarantees the right to a lawyer, but not the right to a free lawyer. Court-appointed lawyers and public defenders are usually only available if the defendant cannot make bail.
- Confront Witnesses: In most cases, at their trials, defendants have the right to look their accusers in the eye. A violation may form the basis for an appeal or post-conviction relief.
Another area, prosecutorial misconduct, may include withholding exculpatory evidence, presenting false testimony, or making improper statements to the jury. Such misconduct violates due process and may result in a mistrial, dismissal, or reversal on appeal.
Additionally, any violation of the Federal Rules of Criminal Procedure can be a defense. These rules govern everything from arrest procedures to trial conduct. Failure to comply with these rules, such as improper service of charges or failure to disclose evidence, impacts the admissibility of evidence or the validity of the proceedings.
Reach Out to a Hard-Hitting Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.
Source:
innocenceproject.org/false-confessions/
