Legal Defense Lack Of Probable Cause (PC)

California Legal Defenses: Lack Of Probable Cause (PC)Arrested man

Under the California and U.S. Constitution, law enforcement must have probable cause that a suspect is engaging in criminal activity before they can justify any stop, search or arrest. Many times, police may stop a vehicle or search premises without the required probable cause. In these instances, this lack of Probable Cause may be raised as a Legal Defense and any evidence obtained may be suppressed.

The police must be able to describe specific and detailed facts on which a suspicion of criminal activity can be based. The stop, search or arrest cannot be based on a hunch or other vague factors.

One instance where a lack of Probable Cause may arise is in prosecutions for Driving Under the Influence pursuant to California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. Law enforcement is always on heightened alert for impaired drivers, especially at certain times and locations. Often, police may stop someone they suspect may be driving under the influence without the required Probable Cause to justify the stop.

In these instances, an effective criminal defense attorney may challenge Probable Cause in a hearing pursuant to California Penal Code Section 1538.5 PC. This hearing is essentially a mini-trial before a judge in which a defendant is given an opportunity to cross-examine the officer who stopped and/or arrested them and challenge whether there was sufficient probable cause. A skilled Los Angeles Criminal Defense Attorney can effectively show a lack of probable cause and can argue to have evidence suppressed.

If you have been accused of a criminal offense, it is important that you contact an experienced Los Angeles Criminal Defense Attorney as soon as possible to explore all defense options that may be available. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over fourteen years of prosecutorial experience who is highly respected by prosecutors and law enforcement alike as a fierce advocate for his clients' rights. Mr. Kraut thoroughly litigates his cases and vigorously pursues all pertinent legal defenses.

For more information about challenging Probable Cause, and to schedule your free consultation, contact Los Angeles Defense Attorney Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached by phone 24/7 at 888-334-6344 or 323-464-6453, or you may set up an appointment at his office located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA, 90028.

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Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs!
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.