The U.S. Constitution protects you from illegal search and seizure by law enforcement. If you’ve been searched or had evidence seized and you believe law enforcement acted illegally, you need to act now.
If you don’t fight back against illegal search and seizure, no one else will. You can be unlawfully convicted of criminal charges, spend years in prison, owe thousands in legal fines, and face countless other legal consequences, depending on the nature of your charges. If the evidence against you was collected through an illegal search and seizure, a Virginia illegal search and seizure lawyer can help get your case thrown out, restoring your future and freedom.
Don’t let law enforcement get away with breaking the law. Call Richmond search and seizure lawyer Cody Villalon today at 804-316-0765.
As a search and seizure lawyer with over a decade of experience in Virginia criminal defense, Cody Villalon is well aware of how corrupt practices by law enforcement can destroy futures.
Any time you’re facing criminal charges in Richmond, or anywhere is Virginia, a criminal defense attorney can help to improve your outcome. In cases in which the evidence being used against you was acquired through illegal search and seizure, working with an experienced Virginia illegal search and seizure lawyer isn’t an option — it’s a necessity.
To successfully get charges dropped in cases involving illegal search and seizure, you need a lawyer with 4th Amendment expertise and a proven track record of helping past clients in the same situation. If you’re located in Richmond, that lawyer is Cody Villalon.
Cody is passionate about protecting the rights of the individual in the face of criminal charges. As a solo practitioner, he handles every case personally, building relationships with every client he represents. Cody Villalon cares about you, and he’s determined to help stop corrupt police practices from putting you behind bars.
Cody understands the fear and uncertainty that accompany criminal charges, and he offers compassionate reassurance to his clients while fighting relentlessly to see that the court system is held to a standard of justice. Client testimonials don’t just praise Cody’s impressive results in the courtroom — they also express surprise and gratitude for the level of communication and empathy he shows to his clients.
The 4th Amendment of the U.S. Constitution protects every person from unreasonable search and seizure by the government. This means that it’s illegal for law enforcement to search you or seize evidence without proper cause. Virginia state law respects the terms of the 4th Amendment but also takes the protection of personal freedom a step further. The Virginia Bill of Rights specifies that it is illegal to procure a warrant for search or seizure without sufficient evidence that a crime has been committed.
Unfortunately, members of law enforcement are often eager to make arrests when they suspect illegal activity. It’s not uncommon for police officers to violate the 4th Amendment rights of the person they’re charging. They may search you and seize evidence without a warrant or acquire a warrant without sufficient grounds. When this happens to you, you need to understand that your rights were violated and call a search and seizure attorney.
Although the 4th Amendment guarantees certain rights, there’s no guarantee that law enforcement will respect those rights. The right also doesn’t mean anything unless you have a lawyer that is familiar with the law and ready to challenge police conduct. If your situation has escalated to the point that you’re facing criminal charges, you need a search and seizure lawyer to fight for your rights.
Search and seizure can be complex. Here are some of the most common questions we encounter.
A search refers to law enforcement looking through personal property, like a home, vehicle, business, or on an individual’s body. Seizure generally refers to when law enforcement detains or arrests an individual.
In many cases, evidence is the key item used to convict a person of a crime. If the evidence in a case was taken during an illegal search, an attorney can help to have it suppressed, so it cannot be used in a case. There’s then a strong chance that charges will be dropped due to a lack of evidence.
There’s a good possibility your charges will be dropped if a search and seizure is found to be illegal. However, this doesn’t happen automatically — it’s an outcome that your Richmond search and seizure lawyer will work toward. Any evidence that was collected illegally should be suppressed at your trial. Often, this leaves the prosecution with insufficient evidence for a conviction, so the ultimate result is often dropped charges.
No, not every search conducted without a warrant is illegal. If you or another authorized individual consented to a search or if law enforcement had enough cause, any evidence seized, or arrests made will likely stand. Other circumstances in which a warrantless search is legal include emergencies, impounded vehicles, and situations in which evidence is in plain sight.
Police can also search a person and their immediate surroundings after an arrest to ensure there aren’t weapons present that could pose a threat to officer safety.
The best way to identify whether a search and seizure was conducted illegally is to consult with an illegal search and seizure lawyer. The law surrounding the Fourth Amendment is incredibly fact driven and is always changing. In some cases, evidence can clearly show that law enforcement acted illegally. In other cases, it can be highly subjective, particularly when it comes to identifying whether officers had “probable cause.”
Even in what may appear to be a simple situation, it takes the skill of an experienced search and seizure attorney to successfully evaluate a case, determine if there was a violation, and then show the violation to the court.
If you have questions, we can help. Reach out to our experienced search and seizure attorney to learn more.
There are many situations in which law enforcement could be guilty of conducting illegal search and seizure. However, certain situations tend to occur most frequently. Some of the most common scenarios seen by Virginia illegal search and seizure lawyers include:
Consent is the easiest way to lose your Fourth Amendment protections. You should never give law enforcement permission to search, even if you believe there’s no evidence of illegal activity.
If you believe that a search and seizure has been conducted illegally, don’t fight against law enforcement. It can be incredibly frustrating and disempowering to see law enforcement wield their power illegally, especially when that misconduct has life-changing implications for your freedom. However, resisting arrest or attempting to stop an illegal search only complicates your case and puts you at risk of facing additional charges. The proper place to fight for your Fourth Amendment rights is the court.
Comply with law enforcement if they do not give you a choice, but don’t communicate with them and tell them you wish to remain silent. Instead, you should immediately contact a search and seizure attorney. Don’t make any statements to the police until you’ve been advised by your lawyer.
It’s important to remember that even search and seizure conducted with a warrant can be illegal if the warrant was issued without sufficient cause. If you suspect that the warrant related to a search and seizure was granted without probable cause, a free consultation with a search and seizure lawyer can help you understand your options.
Cody Villalon stands up for victims of illegal search and seizure. Don’t wait — arrange a free consultation with Cody Villalon today by calling 804-316-0765.
Law enforcement officers have a sworn obligation to uphold the laws. When this duty is violated, a Virginia illegal search and seizure lawyer can help to hold them accountable. Fighting back against illegal search and seizure upholds personal liberty and teaches corrupt or ignorant members of law enforcement that there are consequences for failing to respect an individual’s 4th Amendment rights.
However, a Richmond search and seizure lawyer does more than protect liberty — they protect you from the consequences that a criminal conviction can bring. In some cases, an illegal search and seizure can lead to felony charges. Depending on the type of charge, you can find yourself sentenced to many years in prison. A felony conviction also brings thousands of dollars in legal fines and charges that remain on your record, forever impacting other areas of life like employment.
Illegal search and seizures can also bring a less serious misdemeanor conviction. This is where individuals often make the mistake of failing to hire an experienced lawyer. Sometimes the issue is not crystal clear and a good motion alleging an illegal search and seizure can bring the prosecutor to the bargaining table when they normally would not want to bargain.
Even more significantly, illegal search and seizure is never justifiable. You shouldn’t have to bear the burden of any jail time or legal fees when the evidence against you was illegally obtained. Your constitutional rights should mean something.
Cody Villalon handles criminal defense cases throughout the state of Virginia. He is highly regarded by prosecutors and judges but perhaps is most highly regarded by the former clients whose lives he has changed for the better.
Cody Villalon, Attorney at Law is passionate about upholding justice, and he’ll aggressively fight for your freedom when your 4th Amendment rights have been violated. Cody has been representing those accused of crimes in Virginia for over a decade. With countless hours accrued in the courtroom, his experience and track record show that he has the skills required to build a strong defense and present it in court.
Cody brings a level of expertise and professionalism to every case he handles. As a sole practitioner, he handles every case. Clients always express surprise at Cody’s level of commitment and care. He offers prompt communication, detailed explanation, and diligent representation to every client he works with.
If you’ve been the victim of an illegal search and seizure in Richmond, or anywhere in Virginia, you have a choice to make: accept law enforcement corruption and pay with your future, or fight back.
There’s no excuse for law enforcement officers who violate the constitutional rights of those they’ve sworn to protect. When the justice system fails you, Cody Villalon is ready to fight by your side.
Don’t let an illegal search and seizure put you behind bars. Take a stand today by calling Cody Villalon at 804-316-0765.