1. No Probable Cause –

Usually, an officer can’t stop a vehicle without a “reasonable suspicion or probable cause to believe a traffic violation has occurred.” These stops are called encounters. As an experienced Houston Criminal Lawyer, I will explain the hidden importance of Houston police encounters which may result in your criminal charges being DISMISSED.  Notably, there are 3 types of encounters: 1. Consensual encounter, 2. “Terry” or investigative stop/reasonable suspicion encounter, and 3. arrest.

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• During a consensual encounter, an officer may, without reasonable suspicion, request identification and information from you. However, you (as a citizen) are free to terminate a consensual encounter with an officer at will. Yes, thats the law.
• A “Terry” stop encounter is a brief investigative stop or detention, made for verifying or removing a law enforcement officer’s suspicion of criminal activity. (here you are not free to terminate a Terry stop encounter with an officer at will) &
• Lastly,  an arrest encounter. While an arrest has no bright-line test or rule that distinguishes a seizure from an arrest, our Texas Fifth Circuit defines a citizen as being under arrest if “a reasonable person in the suspect’s position would have understood the situation to constitute a restraint on freedom of movement of the degree that the law associates with formal arrest.” United States v. Corral-Franco, 848 F.2d 536, 540 (5th Cir. 1988). (This is important because Miranda Rights don’t kick in until your placed under arrest requiring the officer to then read Miranda rights to you before he/she questions you.) If Miranda rights have not been read to you after you are placed under “arrest,” the officer interrogates you, and you make incriminating statements? Those statements may be suppressible evidence!

1. 2. The Suppression of Evidence –

   If an officer stops a vehicle without a “reasonable suspicion or probable cause to believe a traffic violation has occurred,” the stop is susceptible to suppression as well as anything criminal found within the car as “fruit of the poisonous tree.” If the stop is suppressed and the accompanying criminal evidence thrown out, the case will likely be dismissed or reduced due to lack of evidence!!!

   3. The Pre-trial Intervention (PTI) –

   PTI is a Sure-Fire way to get certain cases DISMISSED & Keep a Felony or Misdemeanor off your record EVEN if you committed the alleged offense. The PTI revolves around a contract signed by the state and the defendant. The contract obligates the Prosecutor to DISMISS the charge provided the defendant satisfactorily completes the terms of the contract. This Little known PTI secret has gotten a many cases dismissed over my Houston criminal defense attorney career.

THESE ARE JUST A FEW DEFENSIVE STRATEGIES ROUTINELY USED TO GET CRIMINAL CHARGES  DISMISSED.

Don’t Loose Hope! Call Houston Criminal Attorney Korey Huff Right Now! Find out if your case is eligible for DISMISSAL. The call is Free. Were available Nights and Weekends, 24/7 – Dial 713-562-8700 Now! Speak to a skilled attorney who will help you develop a PLAN not a fear for your situation. I’m confident one call will alleviate your stress and help you see the positives in your case.