Last week we discussed the case of a man who was arrested for allegedly committing a 2014 murder in Kalamazoo. Once found in Lansing, the man was swiftly taken into custody. However, simply because the accused left the area where the death occurred does not mean that he is guilty of the crime, despite how the media and prosecutors may try to spin it. There are many other assumptions that prosecutors and the public at large will try to make about those facing violent crime allegations, and they should be aggressively challenged. Failing to fight against them could result in a tainted jury pool and a violation of your legal rights.
Another instance when an assumption of guilt may be thrust upon you is if you have a history of criminal activities. An individual convicted of domestic violence may be the first suspect in the event that the abused is killed. Someone who had a spat with a neighbor may come under suspicion if that neighbor's house burns down. An individual who refuses to give consent to a search may be deemed to be hiding something. These are all very real examples that occur far too often in Michigan. It is also why experienced attorneys are passionate about helping you overcome your legal obstacles.
Attorneys like David G. Moore know the criminal law and how accused individuals' rights are protected throughout the criminal prosecution process. Armed with this knowledge, a lawyer can assert that a refusal of consent to search is not an admission of guilt and, unless exigent circumstances exist, a subsequent search is illegal. A competent attorney will also fight to have your criminal history deemed irrelevant and prejudicial, meaning that prosecutors cannot use it against you.
Though the law may seem black and white, the nuts and bolts of it are multi-faceted. Therefore, oftentimes the best way to ensure you are protecting your rights and putting forth the best defense under the circumstances is to develop a strategy with a criminal defense attorney. Hopefully then you will be able to denounce the accusations and avoid as many penalties as possible.