Under What Circumstances Can a Criminal Case be Thrown Out?

 

Although many criminals are left under the impression that after being arrested there is no way out of being convicted, one case proves that there is and all it takes is an experienced criminal defense lawyer’s help.

 

photodune 2266533 police criminal record file xs 300x212 Under What Circumstances Can a Criminal Case be Thrown Out?
With the help of a reputable and reliable defense lawyer, a defendant has the chance to get their charges thrown out with the proper evidence.

There are certain times when a criminal who may have committed a crime gets his/her charges thrown out simply because a mistake was made in the investigation. Although police officers use many loopholes to thrown people in jail, if their error is made known, they lose out on that opportunity. A prime example involved 36-year old Joseph Cajar. He was facing charges of possession with intent to manufacture or distribute a controlled substance, possession of a controlled substance, and possession of a weapon by a previous offender and special offender. All of these charges Cajar was facing were felony charges.

 

 

Police Office in Pueblo Falsifies Statement After Re-Enacting Car Search

 

Back on November of 2016, Cajar was pulled over where he was unable to provide the officer with any proof of insurance or his current registration. The car was towed to a nearby tow yard where officer Seth Jensen conducted a search, assuming he was taking an inventory of the vehicle. But, here is where things get rather confusing. According to the police report, a scale with residual traces of what was suspected to be heroin was retrieved from the vehicle during the search, however, the officer claims he had seen the scale sitting in the passenger seat during the time of the traffic stop. While the Pueblo Chieftain didn’t mention if Cajar was arrested during the traffic stop, what should be questioned is why Jensen didn’t act on the fact that he saw this scale sitting on the passenger seat when he first stopped the vehicle.

 

And that isn’t the only questionable act Jensen took part in.

 

The next piece of evidence Cajar’s criminal defense lawyer used in favor of getting his charges dropped was that once the car was towed and searched, the following was found:

  • 8 grams of suspected heroin
  • a Ruger .357 Magnum firearm
  • a pill bottle containing amphetamine residue
  • $43, all in single dollar bills

While all this information was included in the initial report, what wasn’t was the fact that Jensen reenacted the search of the vehicle for his body cam. Apparently, it was off when he conducted the search and located all of these illegal items. Once he realized this, he turned his body cam on and acted as though he was conducting the search for the first time. Jensen didn’t include this “tiny” detail in his report nor did he imply he was reenacting the search with the body cam on.

This information came out to the court when Jensen was cross-examined and text messages were shared that were sent between Jensen and Anne Mayer who is a deputy district attorney. Jensen stated that the search and the body cam wouldn’t match up. So, did Jensen engage in illegal activity prior to his body cam being turned on? Perhaps some of the retrieved items weren’t in the vehicle at the time the vehicle was towed but happened to appear once the body cam was turned on? With all the uncertainty, Cajar’s defense attorney was able to decipher where Jensen went wrong and why Cajar’s charges should in fact be dismissed. Because of Jensen’s inappropriate behavior, the charges were.

Although this is only one prime example of why you want to hire a local criminal defense lawyer when arrested and charged, it is important to understand how essential they are to your case and how they can prove when your rights were in fact violated, even when an officer makes attempts to cover their misconduct up.


By | 11:21 am | Categories: Legal News | 0 Comments

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