If you or a family member has been charged
with a state or federal DRUG crime in Kansas or Missouri, contact The Travis
Law Firm, LLC.
Contact Us - Ph: 913-782-8200 or
TravisLawKC@aol.com
If you
or someone you know has been – or may potentially be – charged with one of the
following by either the State or Federal government, you need representation
immediately:
Drug Possession Drug Possession with Intent to
Distribute Drug Sales Drug Conspiracy
You
deserve a defense attorney who believes in your innocence and vigorously
protecting your rights. At The Travis Law Firm, LLC, we believe that a person charged
with a state or federal crime is innocent, unless proven guilty. We offer a full-range of services,
including fighting DRUG FORFEITURES. -----------------------------------------------------
Know
when the government can invade your privacy to look for evidence of a crime.
When
Can the Police Search or Stop Me? These are general tips,
not legal advice. For legal advice you
must consult an attorney.
The
Fourth Amendment
The Fourth Amendment to the Constitution places limits on
the power of the police to make arrests, search people and their property, and
seize objects and contraband, such as illegal drugs or weapons.
US CONSTITUTION - 4th Amendment: The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
The search and seizure provisions of the Fourth Amendment
are about privacy. To honor this
freedom, the Fourth Amendment protects against "unreasonable"
searches and seizures by state or federal law enforcement authorities.
Law enforcement
authorities are permitted to conduct “reasonable” searches and seizures.
A “reasonable” search or
seizure occurs when the law enforcement authorities have probable cause to
believe they can find evidence that you committed a crime. What is reasonable depends on the
circumstances. Generally the officer's actions are weighed against an
individual's privacy expectations. In certain instances, a warrant may not be
required for a search if the person consents to a search, if the evidence is in
plain view, if the police are in hot pursuit of a suspected criminal, or if
there are exigent circumstances - a basic emergency.
----------------------------------------------------- KNOW YOUR RIGHTS -
IF AN OFFICER ASKS FOR CONSENT TO SEARCH YOUR HOME, CAR, OR PERSON…
You should be aware of your
Fourth Amendment rights and take the appropriate measures to invoke them when
confronted by law enforcement.
Do not voluntarily consent
to a search of your home, car, or person.
You are never required to voluntarily consent to a
search of your home, car, or person; however, a police officer is not obligated
to advise you that you have the right to refuse consent to search.
If you do not wish to consent to a search of your home,
car, or person, you should make two things clear to the officer: First that you do not consent to a
search. Second, that you will not
physically obstruct the officer if s/he believes that s/he has probable cause
to search without consent.
----------------------------------------------------- SEARCH WARRANTS
What is a search warrant? A search warrant is a kind of permission slip, signed by a
judge that allows the police to enter private property to look for particular
items.
As a general rule, the police are supposed to apply for a
warrant before conducting a search of private property; any search that is
conducted without a warrant is presumed to be unreasonable.
What does it take to get a search warrant? A judge will issue a search warrant after the police have
convinced her that:
·
It is more likely than not that a crime has taken
place, and
·
Items connected to the crime are likely be found in a
specified location on the property.
To convince the judge of these facts, the police tell the
judge what they know about the situation. Usually, the information given to the
judge is based either on the officer’s own observations or on the second-hand
observations of an informant.
-----------------------------------------------------
HAVE MY RIGHTS BEEN VIOLATED?
Persons accused of
committing a crime have a series of rights, some of which are guaranteed by the
U.S. Constitution. If you have been
accused of a crime, how can you know if your rights have been violated? The following provide examples of how a
person’s rights can be violated. For
specific advice pertaining to your circumstances, you must consult an attorney.
·
I was not allowed to
remain silent.
One of the most important rights of a person accused of a crime is the right to
remain silent. You cannot be forced to
divulge information to the police. If
you attempted to remain silent in the face of police questioning, and were
coerced or forced into speaking, your rights have been violated.
·
I was not 'read my rights' - told that
anything I chose to say can be used against me.
Before they interview you in custody, the police must inform you that if you chose to speak, “anything you do say may
be used against you in a court of law.”
·
I was not allowed to
have an attorney present when I requested one.
Another absolute right of a person under arrest for a crime is the right to
have an attorney present during questioning and the right to have counsel
during any trial. If you requested an
attorney during questioning, and the police denied you that request, your
rights may have been violated. You are
entitled to a state-paid and appointed attorney if you cannot afford your own
attorney per a state's or county's guidelines.
·
I was asked
questions while my attorney was absent.
Once you request the assistance of an attorney, the police are
prohibited from questioning you later without your attorney.
·
Although I
initially didn’t ask for an attorney, when I asked for one later, they kept questioning me.
A criminal suspect who decides to answer police questions without an attorney
present still has the right to ask for an attorney at any later point.
·
I was not treated
humanely.
A criminal suspect is entitled to humane treatment, no matter how heinous the
alleged crime.
·
I was not held
unfairly. The government cannot hold you for an extended period of time without
charging you with a crime.
·
I was treated as guilty before convicted.
Criminal suspects being held in jail awaiting trial may not be treated as
guilty individuals before they have actually been convicted, no matter how
strong the evidence is against them.
The cornerstone of the U.S. criminal justice system is the belief that
all people are innocent until proven guilty.
These are general tips, not legal advice. For legal advice you must consult an
attorney.
