Lack of Probable Cause Defense in Nevada: How Las Vegas Criminal Defense Attorney Josh Tomsheck Can Help

In the American legal system, the principle of probable cause is fundamental to the protection of individuals’ rights against unlawful searches, seizures, and arrests. Law enforcement officers must have a reasonable basis, or probable cause, to believe that a crime has been committed before they can legally detain or search a person. In Nevada, as in the rest of the United States, this protection is enshrined in both the U.S. Constitution and the Nevada Constitution. When probable cause is lacking, any resulting evidence may be inadmissible in court, and the charges may be subject to dismissal.

If you or someone you care about has been arrested in Las Vegas or anywhere in Nevada, and you believe the arrest was made without proper probable cause, it is essential to seek immediate legal representation from an experienced criminal defense attorney. Josh Tomsheck, of Hofland & Tomsheck, is a Nationally Board-Certified Criminal Defense Lawyer with extensive experience challenging improper arrests and evidence obtained without probable cause. With his expertise, you have a strong advocate on your side to protect your rights and work towards the best possible outcome in your case.

What is Probable Cause?

Probable cause is a legal standard that requires law enforcement to have a reasonable belief, based on facts and evidence, that a person has committed a crime. This standard must be met before police can make an arrest, conduct a search, or obtain a warrant. In practice, this means that an officer cannot arrest someone simply because they have a hunch or suspicion. There must be clear, objective evidence or circumstances that would lead a reasonable person to believe that the accused has engaged in criminal activity.

For example, if a police officer pulls over a vehicle for speeding and then notices an open container of alcohol in the front seat, they may have probable cause to investigate further, such as asking the driver to submit to a breathalyzer test. However, if an officer stops a car without any legitimate reason and then searches the vehicle without permission or a warrant, this could be a violation of the driver’s Fourth Amendment rights, which protect against unreasonable searches and seizures.

The Importance of Probable Cause in Criminal Cases

The absence of probable cause can have a significant impact on the outcome of a criminal case. If law enforcement officers fail to establish probable cause before making an arrest or conducting a search, any evidence obtained as a result of that improper action may be inadmissible in court. This concept is known as the “exclusionary rule,” which prevents unlawfully obtained evidence from being used against the defendant in court.

For example, if police officers illegally stop and search a vehicle without probable cause, and they find drugs or other contraband during that search, a skilled defense attorney can file a motion to suppress the evidence. If the court agrees that the search was unconstitutional, the evidence may be excluded from the trial. Without key evidence, the prosecution may not have enough to continue with the case, which could lead to a reduction of charges, dismissal, or even acquittal.

Challenging Probable Cause in Nevada Criminal Cases

Challenging probable cause in a Nevada criminal case requires a thorough understanding of the law, the ability to scrutinize police actions, and the legal skill to argue effectively in court. Josh Tomsheck is highly skilled in identifying situations where law enforcement has overstepped its bounds and violated a defendant’s constitutional rights. His experience as a former Chief Deputy District Attorney gives him unique insight into how prosecutors build their cases and what weaknesses may exist in the evidence.

There are several common scenarios in which a lack of probable cause can be raised as a defense, including:

Illegal Traffic Stops
One of the most frequent situations where probable cause is challenged is during traffic stops. If an officer pulls over a vehicle without reasonable suspicion of a traffic violation or criminal activity, the stop itself may be deemed unconstitutional. Any evidence found during an illegal stop, such as drugs or weapons, could be suppressed.

Unlawful Searches and Seizures
The Fourth Amendment protects individuals from unreasonable searches and seizures. This means that law enforcement must either have a valid warrant or meet specific exceptions to the warrant requirement, such as exigent circumstances or consent, to conduct a search. If police conduct a search without probable cause or outside the scope of a warrant, the evidence obtained may be inadmissible.

Warrantless Arrests
An arrest made without a valid warrant must still be supported by probable cause. If police arrest someone without a warrant and cannot establish a reasonable basis for believing that a crime was committed, the arrest may be unlawful. This could lead to the dismissal of charges or suppression of any evidence gathered during the arrest.

How Josh Tomsheck Defends Against a Lack of Probable Cause

Josh Tomsheck’s approach to defending clients against criminal charges often involves closely examining the circumstances of their arrest to determine whether probable cause existed. If there are grounds to believe that the arrest or search was illegal, he will file a motion to suppress the evidence, effectively challenging its admissibility in court.

In cases where the court agrees that law enforcement violated the defendant’s constitutional rights, the prosecution’s case can be significantly weakened, often leading to more favorable outcomes for the accused. Mr. Tomsheck’s experience in both prosecution and defense gives him a unique perspective, allowing him to anticipate and counter the prosecution’s arguments effectively.

Why Choose Josh Tomsheck?

As a Nationally Board-Certified Criminal Lawyer, Josh Tomsheck has the experience, knowledge, and dedication to provide a strong defense for clients facing serious criminal charges. He understands the importance of probable cause in protecting the rights of individuals and has successfully challenged improper arrests and searches in Nevada courts.

Josh Tomsheck’s background as a former Chief Deputy District Attorney gives him a deep understanding of how the state builds its cases and allows him to spot weaknesses in the prosecution’s evidence. His commitment to his clients is unmatched, and he will work tirelessly to ensure that your rights are protected throughout the legal process.

Contact Josh Tomsheck for a Free Consultation

If you believe that you or a loved one has been arrested or charged without probable cause, it is crucial to act quickly. Contact Josh Tomsheck at Hofland & Tomsheck for a free, confidential consultation to discuss your case. He will review the facts, identify any potential violations of your constitutional rights, and develop a strong defense strategy to challenge the charges against you.

Your rights and freedom are at stake, and you deserve a defense attorney who will fight for you. Call today to begin the process of building your defense and protecting your future.