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Salt Lake City Federal Criminal Defense Attorney United States Federal District Court Utah

Best Criminal Defense to Federal Drug Charges

By | Criminal Law

Best Criminal Defense to Federal Criminal Charges!

The best criminal defense to federal criminal charges is a Motion to Suppress. Salt Lake criminal defense attorney Mr. Esparza knows this first hand as he has effectively used motion to suppress evidence for more than thirty-eight years to help his clients fight federal criminal charges.

 Best Criminal Defense to a Drug Charge

If you or your loved one is facing a federal charges you are scared and wondering how to get out of this situation. This is natural. There are options. Don’t plead guilty. Take time to hire a professional federal criminal defense attorney. Most criminal defense lawyers are intimidated by federal court – James Esparza is not. He is comfortable and prefers to work in federal court providing the best criminal defense to federal criminal charges possible to his clients.

A well-crafted Motion to Suppress can be lethal to the government’s case against an accused. A thoroughly investigated and researched Motion to Suppress evidence in a federal criminal case is like a Death Star. If the Motion to Suppress is granted it creates a huge explosion and often it destroys the federal criminal drug case resulting in freedom for the defendant. This is why the best defense to a federal drug charge is a Motion to Suppress.

However, a successful Motion to Suppress requires a skilled federal criminal defense attorney. An attorney like James Esparza. The attorney must not only be skilled but also must be willing to put in the time to thoroughly investigate the facts and to mold the facts to fit the law. Federal criminal defense lawyer James Esparza is the skilled, devoted and relentless attorney you need to succeed in your federal criminal defense. When your future and freedom is at stake call James Esparza for a free consultation.

Number One! The Best Criminal Defense to Federal Criminal Charges – White Collar Crimes

The origins of a Motion to Suppress lie with the Fourth Amendment to the United States Constitution and Article 1, Section 14, Utah Constitution. The Fourth Amendment states that:

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizure, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things. U.S. Constitution, Fourth Amendment.

The Utah Constitution, Article 1, Section 14 mirrors the Fourth Amendment, U.S. Constitution.

Federal criminal defense attorney James Esparza has substantial and successful experience in developing persuasive Suppression Motions for his clients. For example, Mr. Esparza crafted and designed the successful Motion to Suppress in U.S.A v. Ralph, Joseph Walker, 941 F2d. 1086, This case is a constitutionally significant case in search and seizure law.

Mr. Walker was charged with possession to distribute more than three hundred pounds of cocaine. The cocaine was found in Mr. Walker’s car. These facts on first appearance seemed hopeless for creating a successful defense. In Walker, James Esparza filed a Motion to Suppress along with a Memoranda. A hearing was held, witnesses were called and after the evidentiary hearing the Motion to Suppress was granted. With the granting of the Motion to Suppress, all evidence collected in Mr. Walker’s case was inadmissible resulting in ultimately in dismissal of the case.

Why was the motion successful? First, a thorough investigation, a well crafted and designed motion. But also, creativity – the use of an expert witness at the hearing. It was creative and a novel way to show how the government violated Mr. Walker’s right to be free from an unlawful search and seizure.

However, the case did not end there. The case was appealed to the Tenth Circuit Court of Appeals on two occasions and the United States Supreme Court. At each step, Salt Lake criminal defense attorney  James Esparza met the United States to advocate for Mr. Walker and for the U.S. Constitution.

U.S. v. Walker is just one example of a successful Motion to Suppress. The facts in Walker did not look good initially, but through hard work and “dogged determination” a positive outcome occurred.

Elements of the Best Criminal Defense to a Federal Criminal Charges

As mentioned, a successful Motion to Suppress starts with a thorough investigation. In our firm, the investigation starts with our client. We spend hours finding out what happened and asking the right questions. Questions that yield information our client may not think is important but information that is critical to success or failure of the motion. Second, we visit the area where the alleged crime occurred on multiple occasions. Our law firm will examine the area with our attorneys, investigators, and expert witnesses looking for every fact that we can use to strengthen our client’s motion to suppress.

In any successful Motion to Suppress the defendant must establish standing. First, standing matters in a criminal proceeding where the defendant is challenging the admission of evidence. If there is no standing, there is no motion to suppress. Standing is a constitutional principle that is difficult to understand. Simply stated standing is having the legal right to bring the claim. Sounds simple but it is not simple.

In the evidentiary hearing, the defendant must establish standing. This usually takes place through testimony from the defendant. A defendant, through questions, must provide evidence to establish standing. Other witnesses may testify including police officer, and defense witnesses including lay and expert witnesses.

Hire A Competent Determined Salt Lake Federal Criminal Defense Lawyer

If you or your loved one is facing a federal crime, Salt Lake City Federal Criminal Defense Lawyer James Esparza and his law firm can help you. We understand what is at stake and we possess the knowledge, experience and commitment to provide individuals charged with federal crimes with the best federal criminal defense possible. Call today.  Speak with a lawyer. Schedule your free confidential consultation.

Past Results Are Not a Guarantee of Future Results

The descriptions and summaries of the attorney’s prior cases are simply information about the experience of the attorney and is not a guarantee or assurance of future success in any matter. All prior results are dependent on the unique facts and circumstances of the case. Each case is unique, that is why James Esparza will develop a case strategy for each client based on the facts, circumstances of the case and the applicable law.

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