Los Angeles County Criminal Lawyer Blog

The recent case of United States of America vs. Carl Roy Burleson shows why an experienced lawyer must be used in any criminal case.

Leaving your case to an attorney without the necessary court experience can be detrimental, and the Burleson case shows why. An aggressive Valencia criminal defense lawyer can provide solid advice to clients who have been thrust into the criminal justice system.

Whether facing drug charges in Valencia or murder charges in Ventura, a motion to suppress can hold police officers accountable for their misuse of power and allow a defendant to go free on charges that are unwarranted.

In the Burleson case, he and two others were walking down the middle of a Roswell, New Mexico, street one early morning, holding a dog that didn't have a leash. Because they were walking in the street, a police officer pulled them over and started talking with them.

As it was revealed in a pretrial hearing, the officer said there had been a rash of property crimes in the area, including a shooting, and several pet thefts had been reported recently as well. Plus, the three had violated city ordinances by walking in the middle of the street.

After talking with the three, the officer was satisfied the dog wasn't stolen -- they were afraid the dog would run off since they didn't have a leash -- and the officer didn't intend to ticket them for walking in the middle of the street.

But the situation took a bad turn after that.

After the officer, who admitted he wasn't going to make any arrests or issue any citations, spoke with the three, he asked for their identification to run a warrants check through dispatchers.

Though they were no longer suspected of a crime, the officer asked for their identification anyway. After running a check, dispatchers said Burleson had a warrant issued for his arrest. So, as the officer began handcuffing him, he told the officer he had two guns and some ammunition on him.

The officer found the two guns and ammunition and booked the man into custody. He was later charged with possession of a firearm by a convicted felon. Before trial, his attorney convinced a judge to suppress the gun and ammunition because, as the officer stated, he no longer considered them suspects in a crime and there was no good reason for him to run a warrants check.

But the prosecution appealed to the Tenth Circuit Court of Appeals, which recently overturned the ruling and sent the case back for further consideration. In its ruling, the appeals court stated that based on officer-safety concerns, the officer had the right to run a warrants check since there had been violence in that area recently.

It's unclear whether Burleson will be appealing the appeals court's decision.

Valencia criminal defense lawyers understand that a well-written and presented motion to suppress can mean the difference between a case won and a case lost. The defendant has the right to have a fair trial, and that includes making sure evidence that wasn't properly obtained stays out.