1107 R Street
Fresno, CA 93721
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Fresno Wiretaps & Electronic Surveillance Lawyer
Seasoned Federal & State Criminal Defense Representation
Marc Days has experience in cases involving the interception of communications pursuant to wiretap orders and has successfully suppressed such evidence and the fruit derived therefrom. Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §2510 et seq., prohibits the interception of wire, oral, or electronic communications except under carefully defined circumstances.
Title III was enacted to provide greater protection than that mandated by the Constitution. 18 U.S.C. §2515 provides that no part of an intercepted communication, and no evidence derived therefrom, may be received into evidence at any trial, hearing, or other proceeding “if the disclosure of that information would be in violation of this chapter.”
Title III requires strict compliance.
For example, a communication is “unlawfully intercepted” and requires suppression, pursuant to 18 U.S.C. §2515 and §2518(10)(a), if the application for the wiretap order fails to establish probable cause, provide a full and complete statement of the facts, and establish necessity as required by 18 U.S.C. §2518(1) and (3).
The United States Supreme Court has recognized that the words “lawfully intercepted” are not limited to constitutional violations and that Congress intended to require suppression where there is a failure to satisfy any of Title III’s requirements that directly and substantially implement Congress’ intent to limit the use of incept procedures to those situations that clearly call for the employment of this extraordinary investigative device. United States v. Giordano, 416 U.S. 505, 527 (1974).
If you have been subjected to illegal wiretapping or electronic surveillance in Fresno, California, Days Law Firm can help. Our federal criminal defense lawyers serving Fresno can leverage our considerable experience in fighting cases involving federal and state wiretaps and electronic surveillance to raise an aggressive defense and negotiate when it is optimum.
Talk to our Fresno criminal defense attorneyat (559) 550-5002 today.
Aggressive & Effective Representation
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People v. Doe Conviction Reversed
Drug distribution federal trial, conviction reversed for overruling Marc’s request for information and evidence helpful to the defense.
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People v. Gomez, et. al. Mandatory Life Case Dismissed
In 2021, Marc represented a client in Los Angeles Superior Court who was charged with kidnapping to commit robbery, which carries a mandatory life sentence upon conviction. After the preliminary hearing the case was dismissed.
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People v. Guerrero, et al Bail Reduced from $1 Million to $30,000
Bail Reduced from $1 million to $30,000 following dismissal of 5 out 6 charges at the preliminary hearing.
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People v. Jiminez Bank Robbery Conviction Reversed
Bank robbery trial, conviction reversed for overruling Marc’s objection to the admission of DNA evidence.
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People v. Rodriguez, et al Sentenced to Probation and Released
Charged with beating a correctional officer with his own baton, jury votes 10-2 not guilty. Client pleads to non-serious felony and gets released from custody that day.
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United States v. Brown Charges Dismissed - Insanity Defense
Federal trial for charge of attempted murder, hung jury based on insanity defense, charge dismissed.
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United States v. Ferguson Not Guilty Verdict
Federal trial, not guilty of first and second degree murder.
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United States v. Habash, et al Govt. Motion for $3.1 Million Denied
Federal synthetic drug case, drug charges dismissed in exchange for plea to violating a financial reporting requirement, district court denied government's motion for a money judgment of $3.1 million.
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United States v. Martinez
In 2020, the Federal Court appointed Marc to represent client. On February 23, 2021, the court, over the government’s objection, granted Marc’s motion for compassionate release of his client who had served 102 months of a 262 month sentence.
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United States v. Mitchell 10 Year Mandatory Minimum Charge Dismissed
An alleged drug deal gone bad, four people shot, two people died. Negotiated dismissal of the 10-year mandatory minimum, the government argued for 20 years, after hearing Marc the court imposed an 8-year sentence. Read the transcript below.
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Free Phone Consultation
Days Law Firm offers free initial phone consultations. Call us today to review your case.
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Available in Your Time of Need
We are available 24/7 and will meet clients in jail or after hours by appointment.
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Experience You Can Count On
Attorney Marc Days is backed by two decades of extensive state and federal experience.
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Proven Track Record
Attorney Marc Days' extensive experience has helped him successfully handle thousands of cases.
