Other than the Bible, our Constitution is the most important writing to our society. It has real meaning and can protect our freedoms. But these protections are not automatic. Others will not assert your constitutional rights. For example in Torrance Court, my client was facing a felony charge of marijuana cultivation of over 50 plants. The Sheriff's Department searched the client's home without a warrant, which is generally unlawful for the police to do. And, of course, the District Attorney's Office did not assert the client's constitutional rights. Criminal charges were filed against my client despite the unlawful search. We filed a motion to suppress the evidence because the evidence was obtained through an unconstitutional search. If the motion is granted, the case is dismissed.
However, merely asserting one's constitutional rights is not enough. With many of our constitutional rights, there are exceptions that allow the government to infringe on our personal freedoms. As in the Torrance case, the prosecutor argued that the warrantless search was lawful because the deputies were acting under exigent circumstances. The deputy stated that he was investigating a child abuse case and had to act swiftly. My experience as a trial lawyer highly skilled in the art of cross-examination became very important to defend my client's constitutional rights. Through my thorough and effective cross-examination of the deputy who conducted the search, I was able to prove that there was no emergency. The judge granted the motion to suppress the evidence. The case was dismissed.
Under federal law, when the government violates your constitutional rights, you may have a civil remedy. These are called section 1983 actions. I know what it takes to litigate these cases. For example, I brought a section 1983 action on the behalf of a taxi driver. The client had his cab confiscated for having a tampered meter. He was facing six misdemeanors. I handled the criminal case and got five of six misdemeanors dismissed. After the criminal case was settled, I told the city prosecutor that I am bringing a section 1983 action against the city because the prolonged confiscation of the cab was unconstitutional. The case was settled with a monetary settlement.
Call me for a consultation at (626) 232-8622

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