In any criminal case, there is often at least one criminal defense that a criminal defense lawyer can use to defend his or her client. Everyone is entitled to certain constitutional protections, one of which is the right against unreasonable searches and seizures.
Police may search you and your immediate vicinity for weapons following an arrest. Otherwise, law enforcement can only seize evidence in plain sight or pursuant to a properly attested search warrant, issued on probable cause by a judge that describes certain evidence to be found that was used, or could be used, in committing a crime. The warrant must describe certain restrictions and the officers executing it must follow them or it is a criminal defense that the warrant was either unlawfully issued or that the officers exceeded its scope.
If arrested, you also have a right to remain silent and not to incriminate yourself. Police must advise you of your rights and not coerce you into signing or giving a confession or giving other self-incriminating evidence, or you have a credible criminal defense to have the statements excluded from any criminal proceeding against you.
Another criminal defense is an illegal arrest or detention. Police either have an arrest warrant, also based on probable cause, or have observed you committing or about to commit a crime, or have probable cause to believe so. Otherwise, your arrest can be declared illegal and any evidence suppressed, no matter how incriminating it appears. However, it is not a criminal defense that you were unlawfully detained if the police stop you based on a reasonable suspicion that you committed or were about to commit a crime.
Lack of intent is a common criminal defense. Most serious criminal offenses require that the defendant must have knowingly or intended to commit a crime or a particular element of that crime is not satisfied.
Click here to read more about Common Defenses in Criminal Cases