Q: I was arrested for uttering false prescriptions and fraudulently obtaining drugs (adderall).
I would like to know if a search was legal, lack of due diligence on the police's part, if I have a reason for a motion to dismiss. And a possible subsequent civil case
A: With any type of search, a good criminal defense attorney will scrutinize the police’s actions leading up to the search. The remedy may be to file a motion to suppress evidence. If successful, the case would likely be dismissed. Was there a search warrant, or was it a warrantless search? Either way, there are certain laws and procedures that the police must comply with.
As to the second part of your question, you might want to seek out the advice of a civil rights attorney to determine the viability of a lawsuit - but only after you are exonerated.
If you don’t already have one, you should retain an attorney who focuses on criminal defense in Massachusetts.
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