What Is Probable Cause in West Virginia Criminal Cases?
Probable cause is a foundational concept in criminal law. It determines whether police can legally arrest you, search your property, or seize evidence. When probable cause is lacking, the entire case may be vulnerable to dismissal.
Defining Probable Cause
Probable cause exists when law enforcement has reasonable grounds to believe a crime has been committed and that the person involved committed it. It is more than a hunch but less than proof beyond a reasonable doubt.
Probable Cause for Arrests
Police must establish probable cause before making an arrest. This may be based on witness statements, observed behavior, physical evidence, or reliable tips.
If probable cause is weak or fabricated, an arrest may be unlawful.
Probable Cause for Searches
Search warrants require judges to find probable cause before approval. Illegal searches conducted without proper justification may violate constitutional rights.
Challenging Probable Cause
A criminal defense lawyer can challenge whether probable cause truly existed. If evidence was obtained illegally, it may be suppressed, weakening or destroying the prosecution’s case.
Why It Matters
Probable cause issues often determine whether charges survive early motions or a Preliminary Hearing. These challenges can significantly impact outcomes.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.