FORMER PROSECUTOR. DEDICATED TO JUSTICE.
Trust Melanie Hammer, Esq. to fight for your rights and protect your interests. Melanie is a zealous criminal defense attorney. She will fight for a favorable disposition, or dismissal. She will expertly litigate your trial.
Your right to a speedy trial also includes the prosecution disclosing all evidence within a specified time. Under the discovery reform law, which went into effect on January 1, 2020, prosecutors must turn over all materials “that relate to the subject matter" of the case within a specified period. CPL § 245.20 Automatic Discovery ensures defendants get all the documents and body worn camera footage timely. If this material is late, you can move to get the case dismissed. We can review this footage together to form the best defense for you.
Violation of the Fourth Amendment: For a law enforcement officer to legally search your vehicle they must have a search warrant or probable cause to suggest you have broken the law. Probable cause must be based on witness information, the officer’s sense of smell, sight, and hearing, or some other valid evidence. If the officer did not have a legitimate reason to search you or your vehicle you could argue that they were operating in violation of your Fourth Amendment rights.
Illegal traffic stop: Police officers are required to have probable cause before making a traffic stop. This means that they must have evidence or a legitimate reason to believe that you are breaking the law in order to legally pull you over. If the officer did not have a valid reason for the stop then you may be able to prevent them from using any evidence obtained during the illegal stop.