The court system in Minnesota treats criminal activity seriously. However, if you have been charged with assault, robbery or another violent crime, you have the right to due process under the law. We at The Law Office of John J. Leunig have often worked with those who are facing a trial based on the accusation of another person.

According to the Cornell University Law School’s Legal Information Institute, those who investigate your case must follow specific procedures to ensure that any evidence against you that they present in court is not illegally obtained. For example, law enforcement officials may not search your property for a weapon that may have been involved in a crime unless they have a valid search warrant. If they were to discover evidence that may have a bearing in the case under these conditions, it may be violating the Fourth Amendment.

If you are interrogated using illegal tactics, and you make statements that are used against you in court as a result, your Fifth Amendment rights may have been violated. This information cannot be used to prove your guilt under most circumstances. Likewise, if you have been denied the right to speak to an attorney, or you have not had that right presented to you at the time of your arrest, law enforcement has violated your constitutional rights.

Almost any evidence gathered through these methods should be excluded from the trial, which is why this is known as the exclusionary rule. Further evidence that is discovered because of the initial information illegally gathered is known as “fruit of the poisonous tree,” and is also rarely admissible in court. For more information about criminal law, please visit our web page.

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