A Franks hearing is a court case in which an attempt is made to circumvent a search order. When you violate a warrant, you are contesting the veracity of the evidence used to obtain it.
A Franks move is the formal document that you submit to the judge outlining your specific challenges and your request for a hearing. In this post, I’ll go into further detail.
WHAT IS A FRANKS HEARING?
In certain criminal court proceedings, the accused party might think that a police officer fabricated data to secure a search warrant. It becomes crucial under these circumstances to have a knowledgeable criminal defense lawyer on your side who can handle this complex legal system.
I am an accomplished criminal defense lawyer with a wealth of expertise protecting clients’ rights and know how to undermine the government’s case-building procedure. For a consultation to discuss your issue, give my office a call.
WHAT IS A FRANKS HEARING?
A Franks hearing is an important court case in which the judge is requested to determine whether the implicated police officer gave false information to obtain a search warrant. The historic case of Franks v. Delaware, which established the defendant’s right to contest the veracity of information provided in a warrant affidavit, is whence this hearing gets its name.
The purpose of this hearing is to hold law enforcement accountable for their acts in order to protect the integrity of the criminal justice system. The evidence gathered using that warrant may be excluded if the defendant can demonstrate that misleading claims were purposefully or carelessly inserted in the affidavit.
GROUNDS FOR A FRANKS HEARING
The defendant must first provide preliminary evidence demonstrating that: a Franks hearing is not automatically granted.
In the warrant affidavit, the affiant made a false statement with reckless disregard for the truth or with knowledge of it. It took the allegedly fraudulent statement to establish probable cause.
For example, in People of the State of Michigan v. Marcus Dwane Manning, the defendant contended that the evidence seized during the search was inadmissible because the search warrant was obtained using fraudulent information. He did not, however, present enough evidence to support the denial of his request for a Franks hearing because the police had not appropriately obtained the warrant.
THE IMPORTANCE OF A SKILLED ATTORNEY IN A FRANKS HEARING
A thorough understanding of criminal law and strong advocacy abilities are necessary to grasp the nuances of a Franks hearing and effectively argue for one. With my skills, I can help you navigate this procedure, defend your rights, and possibly even contest the validity of the evidence used against you.
To help you accomplish your objective, we first ascertain the potential repercussions you might encounter before developing a defensive plan specifically for you. My strategy is based on tenaciously defending my clients’ rights, with an emphasis on having charges dropped or lowered to secure a better future for you.
PROTECT YOUR RIGHTS WITH THE LAW:
If evidence was gathered during what may have been an improper search, a Franks hearing can be a very useful weapon in your defense toolbox. Professional legal counsel is necessary to fully comprehend the intricacy of these proceedings and to utilize them to your advantage.
I’m determined to defend the accused and see to it that your rights are respected. Building a strong defense strategy is made possible by my understanding of how the government presents its case, which I gained during my time as a prosecutor. Call for a consultation as soon as possible if you think you could be eligible for a Franks hearing or if you are facing any other criminal accusations. Allow me to guide you through these trying times and help you get the best result for your case.
