What is a Franks Hearing?

In some criminal law cases, the defendant may believe that a police officer has falsified information to obtain a search warrant. In such situations, it becomes imperative to have an experienced criminal attorney by your side who can navigate this intricate legal landscape. As a criminal defense attorney, I, Bradley J. Friedman, hold extensive experience in defending clients’ rights and understand how to counteract the government’s case-building process. Call my office to discuss your case at a consultation.

What is a Franks Hearing?

A Franks Hearing is a crucial court proceeding where the court is asked to examine if the police officer involved provided false information to secure a search warrant. This hearing gets its name from the landmark case Franks v. Delaware, which established the defendant’s right to challenge the truthfulness of facts stated in a warrant affidavit.

The objective of this hearing is to ensure the integrity of the criminal justice system by holding law enforcement accountable for their actions. If a defendant can prove that false statements were knowingly or recklessly included in the warrant affidavit, it could potentially lead to the exclusion of evidence obtained through that warrant.

Grounds for a Franks Hearing

A Franks hearing is not automatically granted; the defendant must first make a preliminary showing that:

1. The affiant knowingly and intentionally, or with reckless disregard for the truth, included a false statement in the warrant affidavit.
2. The allegedly false statement was necessary to finding probable cause.

For instance, in the case of People of the State of Michigan v. Marcus Dwane Manning, the defendant argued that the search warrant was based on false information, making the evidence found during the search inadmissible. However, his request for a Franks hearing was denied as he failed to provide sufficient proof that the police acted improperly while obtaining the warrant.

The Importance of a Skilled Attorney in a Franks Hearing

Understanding the intricacies of a Franks hearing and successfully arguing for one requires in-depth knowledge of criminal law and excellent advocacy skills. I have the experience needed to guide you through this process, helping to protect your rights and potentially challenging the legality of the evidence against you.

We begin by understanding the possible consequences you may face and then construct a defense strategy that is tailored to help you achieve your goal. My approach relies on strong advocacy for my clients, focusing on getting charges dismissed or reduced, thus ensuring a better future for you.

Protect Your Rights with the Law Offices of Bradley J. Friedman

A Franks hearing can be a powerful tool in your defense arsenal, particularly in cases where evidence was collected during a potentially wrongful search. Understanding the complexity of such hearings and effectively leveraging them in your favor requires professional legal assistance.

I am committed to protecting the accused and ensuring your rights are upheld. My experience as a former prosecutor gives me valuable insights into how the government builds its case, enabling me to construct robust defense strategies. If you believe you may have grounds for a Franks hearing or face any other criminal charges, do not hesitate to call for a consultation. Let me help you navigate these challenging times and work towards the best possible outcome for your case.