If police arrested you or searched you based on questionable information, our Atlantic County criminal defense attorneys at LACE Law can assess what they knew before they acted and whether that information was sufficient to establish probable cause.
Police generally need probable cause before making an arrest or obtaining a search warrant. They may also need it for certain warrantless searches. For example, an officer cannot normally arrest you simply because you seem suspicious. The officer needs facts that support a reasonable belief that you committed a crime.
Search warrants have a similar requirement. Under New Jersey Court Rule 3:5-3, a warrant application must establish probable cause for the search. The judge reviewing the application decides whether the information provides enough legal grounds to issue the warrant.
They are not the same standard. Reasonable suspicion is enough for police to briefly stop and investigate when specific facts suggest criminal activity may be occurring. Probable cause, on the other hand, requires a stronger factual basis to believe a crime was committed or that evidence will be found.
For instance, an officer may have reasonable suspicion to stop a driver after observing conduct suggesting impairment. Additional observations, such as the driver’s statements, physical signs, or performance during the stop, may provide probable cause for an arrest. The exact facts matter. Police can’t just turn a vague suspicion into probable cause simply by making an arrest.
Yes, in some circumstances. Police don’t always have to witness a crime to arrest someone. They may rely on witness information, physical evidence, surveillance footage, statements, or other reliable facts. However, the information must still support probable cause. If an arrest was based on unreliable information, an unsupported accusation, or facts that didn’t reasonably connect you to a crime, our criminal defense attorneys in Atlantic County can challenge the legality of the arrest.
Usually, no. Probable cause is generally required to obtain a search warrant for your home. However, probable cause alone doesn’t normally give police unlimited authority to enter your residence without a warrant. Limited exceptions exist, such as voluntary consent or certain emergency circumstances. Whether one applies depends on the facts surrounding the entry.
If police lacked probable cause when they were required to have it, you may be able to challenge the legality of the arrest or search. Depending on what happened and what evidence was obtained, your defense can seek suppression of evidence. Suppression doesn’t automatically dismiss a criminal charge, but excluding important evidence can significantly weaken the prosecution’s case.
Learn more about your Fourth Amendment rights and how our Atlantic County criminal defense lawyers at LACE Law can help by requesting your free case review online or calling our office at 609-225-4065.
]]>Yes. If you voluntarily allow police to search your home, they generally don’t need a warrant. But you don’t have to agree simply because an officer asks. You can calmly say that you don’t consent to a search. If you do consent, police generally must stay within the scope of the permission you gave. For instance, agreeing to let an officer look in your living room doesn’t automatically mean you agreed to a search of every room, drawer, or container in your home.
Sometimes. Police may enter a home without a warrant when they face a genuine emergency that requires immediate action. For example, officers can enter if they reasonably believe someone inside needs immediate help or that waiting for a warrant would put a person in danger. Other exigent circumstances, such as an objectively reasonable concern that evidence is about to be destroyed, may also justify a warrantless entry.
However, they can’t simply call something an “emergency” after the fact. The circumstances must actually justify entering without first getting a warrant.
No. An arrest doesn’t give police unlimited authority to search a home. A search incident to arrest generally permits officers to search the person arrested and areas within that person’s immediate control. Police may have additional authority in some circumstances, such as when a properly justified protective sweep is necessary for officer safety or when an exception to the warrant requirement applies.
For example, officers can’t automatically search unrelated rooms, cabinets, or private belongings simply because someone has been arrested inside the residence. The legality of any additional search depends on the specific circumstances and the exception that the police rely on.
Sometimes, but the circumstances matter. The plain-view doctrine can allow officers to seize evidence they can lawfully see without conducting a separate search. But police generally cannot create a “plain view” situation by unlawfully entering your home. For example, if officers are legally inside your home and see illegal drugs sitting openly on a table, different rules may apply than if they entered without legal authority to look for evidence.
A person who has sufficient authority over a home may sometimes consent to a police search. This can raise difficult questions when people share a residence. For instance, your roommate may have the authority to consent to a search of shared areas but not your private bedroom or belongings. Essentially, it depends on the person’s relationship to the property and the area the police searched.
You may challenge evidence obtained through an unconstitutional search with a motion to suppress. Under New Jersey Court Rule 3:5-7, you may file a motion to suppress evidence obtained through an unlawful search or seizure. If the court suppresses important evidence, prosecutors may have a much weaker case. That doesn’t automatically end the criminal prosecution, but losing key evidence can change how your case is evaluated or resolved.
A warrantless search isn’t automatically illegal, but police must have a valid legal reason for entering and searching your home. If police or another law enforcement agency searched your home without a warrant, our Hammonton, NJ, criminal defense lawyers can help. For your complimentary consultation, contact LACE Law at 609-225-4065 or online.
]]>At LACE Law, our criminal defense attorneys in Atlantic County can evaluate whether a search was lawful and whether we can challenge the evidence obtained during that search.
Depending on the circumstances, officers may be permitted to search without your permission when:
Whether one of these exceptions applies depends on the specific facts of the encounter. A search that appears lawful at first may later be challenged if constitutional requirements were not satisfied.
If you voluntarily consent to a search, police generally do not need a warrant to search the areas covered by your permission. For example, if an officer asks to search your vehicle and you clearly agree, evidence discovered during that search may later be used in a criminal prosecution unless another legal issue exists. Consent must generally be voluntary.
Under New Jersey law, the State generally must also prove that you knew you had the right to refuse consent before a consent search will be upheld. If the police obtained your consent through coercion, intimidation, or other unlawful conduct, the validity of the search may be an issue before the court.
In many situations, yes. If an officer asks for permission to search and no warrant or legal exception applies, you may calmly and respectfully decline consent. Refusing consent does not automatically give police the right to search, nor does it establish that you committed a crime. At the same time, refusing consent should not involve physically resisting officers or interfering with a lawful investigation.
A respectful response such as “I don’t consent to any searches” clearly communicates your decision while avoiding unnecessary confrontation. However, you should know that refusing consent does not always end the encounter. If the police have legal authority to search, they may still search.
Police sometimes proceed with a search even after a person refuses to give their consent. Whether that search was lawful depends on why the officers believed they had legal authority to continue. For instance, officers may claim they had probable cause, obtained a warrant, or relied on another exception to the warrant requirement. If the search violated your constitutional rights, our criminal defense attorneys in Atlantic County may ask the court to suppress evidence obtained as a result of the search.
Whether you consented to a search or whether police were legally permitted to search without your consent can have a significant impact on a criminal case. If you believe your constitutional rights were violated during a police encounter, request your free case review by calling 609-225-4065 or sending us an online message. Our Hammonton criminal defense lawyers can review the circumstances of the search, explain your legal options, and determine whether the evidence may be challenged in court.
]]>At LACE Law, we recently achieved exactly that for one of our clients.
Our client was convicted of aggravated assault in Burlington County after a trial handled by another attorney. After the conviction, the client retained LACE Law to represent him solely for sentencing.
The prosecution sought a sentence of 364 days in the Burlington County Jail.
Rather than accepting that recommendation, we carefully prepared for sentencing and presented the court with strong mitigating factors that supported a different outcome.
After hearing our arguments, the judge imposed probation with no jail time, allowing our client to remain with his family, continue working, and begin moving forward with his life.
If you or a loved one has been charged with aggravated assault or another serious criminal offense in New Jersey, having experienced legal representation can make a meaningful difference at every stage of your case, including sentencing.
The attorneys at LACE Law represent clients throughout Burlington County, Atlantic County, and across South Jersey. If you’re facing criminal charges or need experienced representation after a conviction, contact our office today to discuss your options. Contact us online now or schedule a consultation by calling 609-642-0545.
]]>If you’ve been arrested for public intoxication, reach out to LACE Law right away. Our Hammonton, NJ, criminal defense lawyers can help you understand the charges you’re facing and develop a defense tailored to the specific facts of your case.
Unlike many states, New Jersey doesn’t have a standalone criminal statute making public intoxication illegal. In fact, New Jersey law affirmatively prohibits treating intoxication as an offense. The court does not treat public intoxication as an offense; instead, it treats alcoholism as a health matter.
That does not mean, however, that the police cannot intervene when someone is intoxicated in public. If an intoxicated person creates a public disturbance, threatens public safety, damages property, or commits another offense, officers may make an arrest based on that conduct rather than the person’s intoxication alone.
Understanding the difference is important because the criminal charge often depends on what happened while the person was intoxicated, not simply the fact that alcohol or drugs were involved.
Although public intoxication itself is not a crime, several other offenses may arise from the same incident. Depending on the circumstances, prosecutors may pursue charges such as:
The penalties depend on the specific charge, and not your intoxication level.
Because there is no standalone public intoxication offense, the penalties depend entirely on the underlying charge. For instance, disorderly conduct is generally a petty disorderly persons offense. A conviction may result in up to 30 days in jail and a fine of up to $500. More serious offenses, such as assault or resisting arrest under certain circumstances, may carry substantially greater penalties, including longer jail sentences and higher fines. The potential consequences increase significantly if multiple charges are filed for the same incident.
Yes. Even if you avoid jail, a conviction may have consequences beyond the courtroom. Depending on the offense, a criminal or disorderly persons conviction may affect:
If alcohol-related behavior resulted in injuries or property damage, there may also be civil liability in addition to criminal proceedings. These collateral consequences can continue long after your criminal case has ended.
An arrest involving intoxication does not automatically mean you have committed the crime many people call “public intoxication.” The outcome depends on the actual charges, the evidence, and the specific circumstances of the incident. Speak to our criminal defense attorneys in Hammonton, NJ, to learn more about your situation. Get in touch with LACE Law online or at 609-225-4065 to book your free case evaluation.
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