What is Probable Cause?

November 13, 2024

We hear the term “probable cause” frequently, but do you know what it means? Probable cause is a level of certainty that law enforcement must have before arresting someone. Probable cause requires that the police have sufficient evidence to demonstrate that a crime was committed and that a specific person most likely is the offender. 

If you have been arrested for a crime, our Ventura criminal defense lawyers are here to protect your interests. 

Defining Probable Cause

The law specifies different standards that must be met to detain, arrest, and convict an individual for a criminal offense. In establishing probable cause, police officers are trained to provide sufficient evidence and to examine the “totality of the circumstances” to determine if a suspect has committed a crime. Generally, probable cause exists if a person of reasonable intelligence would believe that the person being arrested is most likely guilty of the crime in question.

What if Probable Cause is Not Established?

The Fourth Amendment protects United States citizens from unlawful searches and seizures, protecting our right to privacy. It requires that law enforcement establish probable cause to search a person’s property or vehicle (with limited exceptions). If an officer fails to establish probable cause, then any evidence that is gathered may be discarded. 

The Fourth Amendment along with the other nine amendments composing the Bill of Rights, protects Americans’ civil rights and limits the power of the government to impose on our lives. Police officers are not above the law and must follow proper procedures when even temporarily taking away someone’s freedom.

Burden of Proof in Criminal Law

The law requires the authorities to be almost entirely certain that you performed a crime. While probable cause must be established to arrest someone, this necessitates the police collect compelling evidence. If evidence is scarce or questionable, then the police have not met their required burden. 

The standard for obtaining a conviction is much higher, requiring that the prosecution provides proof beyond a reasonable doubt. This is the highest standard in the law placed on the prosecution (in state court, the district attorney). In simple terms, it signifies that a reasonable person could not come to a different explanation from the available evidence other than you committed the offense. To return a guilty verdict, reasonable doubt to your guilt cannot exist in any of the jurors’ minds. Moreover, the verdict that is reached must be unanimous. 

At Bamieh & De Smeth, PLC, we do not rely on the prosecution meeting their burden. We will conduct our own investigation to prove why you should be free to go. Safeguarding your freedom matters to us, and we will do everything within our power to make sure that you do not spend time behind bars. Our Ventura criminal defense lawyers are experienced in gathering evidence in a timely manner, allowing us to conduct a thorough investigation when time is limited.

Reach Out to Our Ventura Criminal Defense Lawyers Now

If you have been accused of a criminal offense, do not hesitate to reach out to our experienced team of attorneys. At Bamieh & De Smeth, PLC, we take a personal interest in each case, pulling together our resources to obtain the best possible outcome in your given circumstances. If you would like to arrange a free case evaluation with one of our Ventura criminal defense lawyers, contact us online or by phone today.