Robert Kraft, the team owner of the New England Patriots was arrested in February for soliciting prostitution. It is alleged that Mr. Kraft engaged in sexual acts with a woman at the Orchids of Asia Day Spa in Jupiter, Florida. Prosecutors considered video evidence of Kraft taken at the Day spa to be crucial in proving their case. On May 13, 2019, Kraft’s defense team prevailed on a pretrial motion to suppress the video. Judge Leonard Hanser of Palm Beach County held that the state did not do enough to minimize the consequences for innocent people caught on tape participating in legal services at the spa. As a result, the video cannot be used in the prosecution of Robert Kraft which could lead to charges against him being dismissed.
When evidence is seized without a warrant, the burden of proof is on the State to prove that there has not been a Fourth Amendment violation. After a defendant has successfully moved to suppress evidence, the State may not introduce that evidence at trial.
Most criminal cases resolve without going to trial. Resolution does not come quickly or easily, however. Successfully identifying legal issues to challenge the admissibility of evidence like in the Robert Kraft, case, or the sufficiency of evidence to challenge an indictment, are only two of the pretrial motions that can be filed on behalf of one facing criminal charges.
The attorneys at Rosenberg | Perry & Associates, LLC, are experienced criminal defense lawyers who develop a sound and vigorous defense strategy to get the best possible outcome for our clients. Contact us at our office to learn more about our firm and how we can assist you, or a family member, facing criminal charges.