Legal Question in Criminal Law in Massachusetts

Procedural protections

Lets say police arrest ''Mike'' and

accuse him of breaking into a video

store and stealing 25 video cameras.

The police lawfully stopped Mike's car,

which ha a broken tail light and

found two video cameras on the front

seat. When he was arrested by the

police, what procedural protections

are available to Mike? If mike's

defence lawyer asks to exclude the

evidence of the two video cameras

would he be successful? What is the

standard of proof in this burglary

case?

I would be very thankful for any help.

Best Regards,--name removed--


Asked on 3/02/09, 3:21 pm

1 Answer from Attorneys
Gregory Casale Gregory Casale Attorney At Law

Re: Procedural protections

"Mike" should hire a very good criminal defense attorney. If the stop was lawful and if he was arrested with probable cause, then the inventory of the car is incident to arrest, and typically the police department's procedure, which would make the evidence available. However, those ifs are exactly why you need a very good criminal defense attorney that can distinguish what can and should be challenged form what should not be challenged. Not to mention the expertise necessary in making those challenges. I always advise that you should hire the best attorney that you can afford and this case is no different.

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Answered on 3/03/09, 8:42 am


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