Using “Standing” in Criminal Court

If a defendant has been subject to search and seizure, his or her Sacramento Indian criminal defense attorney will attempt to establish standing in court in order to better represent the client and distance him or her from any incriminating evidence. Consulting with a qualified attorney is imperative to ensure that only the proper evidence is included at trial.

In order to suppress incriminating or unlawfully obtained evidence, your Sacramento Indian criminal defense attorney will submit a motion and await the court’s grant of a suppression hearing. However, before the court grants this hearing, it is up to you and your lawyer to establish standing. What this means is that you held a legitimate expectation of privacy and ownership of the place or property that was searched or taken from you. This doesn’t just mean that you owned the property or that you particularly want to suppress some damning evidence, but that you have a legitimate challenge that may hold up in court. As necessary as it might seem to suppress particularly damning evidence, such as weapons or drugs, it’s imperative that lawyers present sufficient facts and offer a strong challenge to the search and seizure procedures.

• Your Sacramento criminal defense attorney will do his best to bolster your case with witnesses, utilizing testimony from officers or friends to establish standing.
• The attorney may call upon witnesses who can testify merely that you spent enough time in a certain place to establish standing.
• The prosecution may call upon you to testify, although testimony made at the suppression hearing won’t be admissible at trial. However, it can still be used against you should you testify again.

Speak with experienced Sacramento Indian criminal defense attorney Param Pabla at (916) 285-7900 to receive expert advice regarding your case and the use of standing in your situation.