In the colonial period, British officials often used blank search warrants to enter private property with little or no cause. To end this practice, the Founding Fathers included the Fourth Amendment in the Bill of Rights. Later, courts used the Fourteenth Amendment to apply this provision to state law enforcement agencies.
Pretrial Release is a key part of a successful defense. Judges carefully instruct jurors that an arrest means nothing in terms of guilt or innocence. Nevertheless, many people believe that defendants in jail must have done something wrong.
At best, a criminal conviction is a serious impediment to things like getting a job or finding a place to live. At worst, a conviction may make these things impossible.
The moving party almost always has the burden of proof in court. In criminal court, the moving party is the prosecutor, and the burden of proof is beyond a reasonable doubt.
"I was set up" is one of the most common defenses in Texas drug crime cases. Sometimes, this defense works. Some greybeards may remember the John DeLorean cocaine case from the early 1980s. The automaker needed money to save his company, and so he tried to sell some cocaine in what turned out to be an undercover sting operation. The jury eventually acquitted him.
Many states have both civil and criminal protective orders. Each one works a little differently. But the main issue is the burden of proof. In civil court, litigants need only establish facts by a preponderance of the evidence (more likely than not).