Does lack of probable cause for an arrest (assuming indeed thats the case)

Asked over 1 year ago - Miami, FL

Have any effect on anything later on in a criminal proceeding ie for the defense of the case, or is that a moot pt after the fact of an arrest?

Attorney answers (5)

  1. Jessica Ann Travis

    Pro

    Contributor Level 7

    8

    Lawyers agree

    Answered . If the arrest violated the 4th amendant, then your attorney can file a Motion to Suppress. If the Judge agrees that the arrest was not lawful and violated your constitutional rights, the Judge can suppress (not allow the State to use against you) all evidence obtained after the arrest, which could be very beneficial to your defense. I would suggest you hire an attorney to go over the specific facts of your case with you.

  2. Eric J Trabin

    Contributor Level 19

    6

    Lawyers agree

    Answered . In a sense, yes. While it may not necessarily stop the prosecutor from filing the charges, a defense attorney could file a motion to suppress any evidence that resulted from the arrest without probable cause. The arrest itself might be suppressed. If a warrant was issued and there was no probable cause, the warrant and any evidence obtained might be suppressed as well.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  3. Christopher Robert Kaigle

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . Every case is different and the answer to that question will largely depend on the factual circumstances surrounding the encounter with law enforcement. The best thing you can do is hire an experienced criminal defense attorney who will be able to look at your individual situation and see whether any rights were violated and what the practical and legal end result is likely to be if it were challenged.

  4. Eric Matthew Matheny

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Could be highly relevant in a motion to suppress if evidence was discovered as a result of no PC. If its not a case in which evidence was discovered and you were simply arrested for doing nothing wrong, this would help in a sworn motion to dismiss If the facts, according to the officer, are not in dispute. This would also be relevant for a JOA (judgment of acquittal) if your case proceeded to trial.

    Depends on the charges, evidence, and factual allegations. If cops found drugs, weapons, or other evidence, don't expect the state to drop the charges on their own.

    Also, cops commonly lie in their reports to create PC when it wasn't there.

    A cop's most dangerous weapon is their pen.

    All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal... more
  5. Yoel Molina

    Contributor Level 6

    1

    Lawyer agrees

    Answered . if you your attonrney can explained that the arrest was lacking in probable cause then the arrest can be dismissed. probable cause will be determined by what the officer says that he observed before the arrest. You can cross examine what he says

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