If you are arrested and placed in custody, the experience of being handcuffed all the way through fingerprinting and processing to your initial appearance can be very daunting. The most important thing that you can do if you are arrested is to hire a strong and experienced Omaha criminal defense attorney who will fight for you.
There are certain terms that must be complied with when you are released on bail. This article outlines what some of these are and what is expected of you.
Contact With Witnesses
There may be people you will be required to avoid contacting, such as anyone who was injured or harmed in the incident or saw what happened. This can benefit you, as avoiding any type of contact minimizes the possibility that you could be accused of attempting to influence a witness or inadvertently confess to any wrongdoing or other related charges. However, if these people are individuals with whom you routinely interact, such as people that you work or live with, avoiding any type of communication with them may be difficult.
Your Attorney’s Role
Your lawyer is not bound by that restriction. Your attorney will be permitted to contact both witnesses and the victim directly as part of the handling of your case. He or she may also be able to intercede with the court to allow a limited degree of contact for you. Your attorney can secure permission from the presiding judge concerning contact with witnesses or with the victim and can petition the judge to have such a statement presented in court so that there is no doubt that such permission has been given.
You may be ordered to stay with someone. This person’s duty will be ensuring that you obey all terms set when you were released on bail. This person will have custody over you and will supervise your actions such that any failure to comply with bail conditions is reported to the court.
Depending on your situation and the degree of restriction imposed upon you, you may be expected to wear or keep with you a device that alerts the authorities as to your whereabouts. This might be a transmitter with a restricted range that triggers an alarm when you to travel more than a certain distance from your home. If you are not under house arrest but have been told that you are not to travel beyond a specific distance, a court-ordered GPS device may be ordered. You may be responsible for the cost of these devices if the court deems this an appropriate measure.
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If you are accused in a criminal case, you need skilled legal representation. Contact for consultation.
You have the right to have a lawyer present when you are being questioned by a law enforcement officer. In addition, you have the right to remain silent. Learn more about your Miranda Rights from an Omaha criminal defense lawyer in the following post.
Protection against search and seizure is a basic Constitutional right. In this blog, an Omaha criminal attorney explains what you need to know about search and seizure rules.
Two conditions must be present for an intrusion by the government to be considered a search:
- A subjective expectation of privacy was manifested by the individual in the challenged search; and
- That expectation is deemed reasonable by society at large.
It’s crucial to establish that an intrusion is actually a search. Without it also being a search, there’s no justification for it. In other words, conducting a search suggests that there is reasonable suspicion or probable cause for the intrusion.
As your Omaha criminal attorney can tell you, police don’t need justification of any kind to take the following actions:
- Look into open car windows;
- Approach someone on the street and ask questions; and
- Shine a flashlight into a car while standing outside it.
The conditions that are required for the lawful seizure of a person are simple enough to understand. It can occur when a reasonable person would believe, under the circumstances, that he isn’t allowed to decline a law enforcement official’s request or that he’s not free to leave. In such a situation, the person might terminate the encounter, and that’s when a seizure might occur.
A show of authority or use of force is required by the Fourth Amendment under these circumstances to prevent an individual from leaving.
However, the Supreme Court of the United States lists four scenarios in which a person might believe a seizure is happening even though he hasn’t attempted to leave:
- The open display of a weapon by an officer;
- A tone of voice or language on the part of an officer suggesting that compliance might be compelled;
- The presence of several police officers; or
- Physical touching of the citizen.
Retain a Skilled Omaha Criminal Lawyer Now
If you believe you were unlawfully searched or seized, it’s crucial to hire a competent lawyer.