Moultrie, GA asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas

Q: Is illegal, unwarranted search and arrest on the search and falsifying evidence a serious infraction against

Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of constitutional rights, specifically the Fourth Amendment, which protects against unreasonable searches and seizures, and the Fourteenth Amendment, which guarantees due process.

Your immediate step should be to consult with an attorney who can review the specifics of your case. They can help determine the best course of action, which may include filing a motion to suppress any evidence obtained illegally, potentially leading to the dismissal of charges.

In cases where there's evidence of misconduct by law enforcement or the district attorney's office, it's also possible to pursue a civil rights lawsuit. Such a lawsuit can seek damages for the violation of your constitutional rights.

It's crucial to act swiftly and get legal advice. These situations are complex, and having a knowledgeable attorney on your side is essential to navigate the legal system and ensure your rights are protected.

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