One topic upon which many criminal drug cases are successfully defended is the area of searches and seizures. The Fourth Amendment to the United States Constitution protects all Americans from unreasonable searches and seizures. Despite our right to be free from searches and seizures which are not conducted for valid reasons, they happen every day across the U.S.  With this in mind, if you have been charged with a drug crime, whether at a misdemeanor or a felony level, it is possible that a Fourth Amendment Defense could be helpful to your case.

Fortunately, criminal charges can be contested, and skilled Texas Criminal Defense Attorneys know how to spot invalid searches and seizures. In cases where criminal charges are based upon evidence which was obtained during an illegal search and seizure, an attorney can use the Fourth Amendment to keep that evidence out of the prosecution’s case. Sometimes, the evidence which is able to be excluded is so central to the prosecution’s case that charges against a defendant may be dropped.

If a search warrant was issued prior to the search and seizure, the warrant may be defective if it is not based on probable cause, or if it does not describe the place to be searched and the person or items to be seized. Probable cause is only present if the officer presents facts that would lead a reasonable person to believe that a crime has been committed, or that a crime is in progress. If a search is conducted pursuant to a warrant which is valid, the search itself may be defective. One situation in which a search based on a warrant can be improper is when the officers go beyond the scope of the warrant, that is, they search in places that are not described in the warrant.

In some cases, searches may be made without a warrant when there are circumstances which would make getting a warrant difficult or even impossible. There are a few different circumstances under which warrantless searches are performed, including the search incident to arrest, consensual searches, searches made in an emergency situation where life is at risk (exigent circumstances), searches of items that are in plain view of an officer who has a right to be in the location from which they are viewing them, and automobiles because contraband that is stashed inside could be removed before a warrant could be obtained. As with searches that are conducted after a warrant has been issued, some warrantless searches are valid and some are not. Warrantless searches must be based on probable cause in order to be valid, so if the officer is not able to demonstrate that probable cause existed at the time that the search was performed, the search and any subsequent seizure may be deemed invalid.

Law enforcement officers must respect the constitutional rights of individuals, including the right to be free from unreasonable searches and seizures. Many criminal drug cases can benefit from a careful analysis of the searches and seizures which led to the charges against the defendant. An East Texas Criminal Defense Attorney can help you to determine whether a Fourth Amendment Defense could be pursued in your case. The consequences of a conviction could be far-reaching, and could affect many areas of your life for years to come. With so much at stake, it is important that you seek the aid of an experienced Criminal Defense Attorney who can help you to pursue the best possible outcome in your case. To learn more, call East Texas Criminal Defense Attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

When it comes to criminal charges, there are some which can carry more substantial penalties than others. When a charge alleging organized criminal activity is added to another criminal charge, it increases the stakes substantially. It is important that people understand the difference between acts which are truly part of an organized crime scheme and those which are not.

Part of determining whether a crime is part of an organized crime scheme has to do with the people involved. At a minimum, there must be three people. However, a simple head count does not automatically place a crime into the realm of organized crime. The three or more people who were involved in the commission of the crime must be a “combination,” or a group of people who intended to work together to carry out a continuing course of criminal activity.

Sometimes, an individual participates in one of the crimes which are carried out by an organized crime operation without being aware of it. For example, if a person participates in a vehicle theft but does not know that it is part of a larger scheme to steal multiple cars over time, they may not have the requisite intent to be charged with organized crime because they did not intend to work with the group to carry out the other thefts or profit from them. However, it is possible for there to be a “combination” of individuals committing organized crime without knowing each other’s identities. Since organized crime occurs over a period of time, it is also possible that individuals may come into and go out of the “combination” during the course of its activity.

A scenario which is often mistaken for organized crime is that of a group of people who carry out a few crimes over the course of an evening. A burglary spree that happens one night is not necessarily organized crime because the people who worked together to steal things from various locations that evening may not have any sort of plan to work together on any other occasions to carry out any other crimes.

While many crimes that are not part of organized crime schemes are reported, a great deal of organized crime goes unreported. While theft and drug crimes are sometimes associated with organized crime, other crimes such as human trafficking, public corruption, and money laundering are also often organized crime activities. Reports from law enforcement indicate that a large amount of organized crime happens in Texas.

A few recent news stories involve Texas cases where the individuals involved have been charged with organized crime. On March 15, two men were arrested for stealing ATVs and a trailer in Tom Green County. Further investigation revealed evidence linking the two men to other thefts and a third person who was involved in at least some of the illegal activities. In an unrelated case, two people from Temple were arrested in March for mail theft. Investigation into their activities has connected them to numerous thefts of tools and equipment from fire departments and construction sites, and bank fraud. It will remain to be seen whether the organized crime portions of the charges will be upheld in either of these cases.

Any criminal charge can have a serious impact on your life, and organized crime charges can be even more devastating. If you have been charged with any form of organized crime, you need the assistance of an experienced East Texas Criminal Defense Attorney.  To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient contact form.