For some people, it may seem as if their situations only go from bad to worse. For instance, a person may wind up in a negative scenario because a police officer stops his or her vehicle. Next, the officer could search the vehicle, find a questionable substance and take the driver into custody on drug charges. Unfortunately, the downhill roll may not stop there.
When a person is accused of taking another person's life, that individual faces one of the most serious legal predicaments possible. Allegations of murder can result in lengthy legal trials, the possibility of severe consequences and various other types of detriment. As a result, a person accused of such a crime has a long road ahead when it comes to handling the charges.
Dissolving a marriage is typically not someone's idea of a happy ending. However, for many people, their relationships have become so unhappy already that filing for divorce could help them work toward a better and happier future. Of course, the legal proceedings associated with ending a marriage are known for conflict, but it does not always have to work out that way.
Often when you hear about custody cases, you hear about mothers trying to secure their rights as the primary caregiver, with fathers relegated to a “visitation” schedule. The courts are beginning to recognize, though, that fathers serving only in limited parenting role is detrimental to the child’s well-being. As society has evolved and more families consist of two working parents and a split of duties when it comes to child care, fathers have every need and right to fight for equal parenting time and responsibilities. While men and their children recognize the importance, many mothers are still doubtful and some courts still would rather see the kids spend the majority of time with their moms.
Sometimes people make mistakes because they do not have the right information or do not know how dangerous their actions could be. For instance, many people may not consider it harmful to leave dogs in vehicles on hot days as long as the windows are cracked. However, doing so could lead to animal abuse charges.
The basic rule of law is that a warrantless entry by police into a private home is presumed unreasonable. However, there are exceptions to this basic rule.
The short answer to that question is NO. However, everyone knows that cars do get searched when people are stopped for traffic violations. There are numerous ways officers can justify a search of a vehicle if they make up their minds to search it. Almost every traffic violation in Texas is an arrestable offense. Once you are arrested, the officer still cannot search your car unless the officer believes you can access your car (you will typically be in the patrol car in handcuffs), or the officer believes there is evidence of the offense for which you were arrested in your car. If these justifications fail, there is the dependable "inventory search" when your car has to be towed. And if you are not arrested for the traffic violation, there is always the "odor of marijuana" inside the vehicle that gives the officer probable cause to search. This one is fail-safe because, if there really is marijuana in the car, the officer can point to it as proof that he smelled it. If there is no marijuana, the officer can make other excuses. You need to have the legality of any car search thoroughly evaluated by a lawyer.
If you are stopped for a traffic violation and an officer suspects there may be drugs in your car, you may end up having a drug dog sniff the interior and exterior of your car. But if the officer who stops you has to call for the dog, how long do you have to wait? The United States Supreme Court has said that a traffic stop can become unlawful if it is prolonged beyond the time reasonably required to complete the mission of issuing a ticket. So an officer is not allowed to stall the ticket writing just to wait for a drug dog. But if an officer has a reasonable suspicion that a particular person actually is, has been, or soon will be engaged in criminal activity, then the traffic stop may be extended. "Reasonable suspicion" requires specific, articulable facts, plus rational inferences from those facts, and the conclusion must be one that any reasonable officer would make. What kind of facts have officers used to show reasonable suspicion? Things like travel in a known drug area, extreme nervousness, prior drug charges, furtive gestures inside the vehicle, more than a hunch or suspicion. This is a situation where a lawyer will have to evaluate whether your constitutional rights have been violated.
In the event that a person has criminal charges brought against him or her, it is wise to fully understand the predicament. Serious repercussions can result from an arrest and if a conviction for drug charges comes about. Of course, before that could take place, an accused party has the right to defend against any allegations.