Olivehurst, CA asked in Civil Rights, Constitutional Law and Criminal Law for California

Q: If my rights were violated is this a civil matter or does it have the potential to effect the outcome of criminal

Charges pending. I was illegally stopped. Threatened with taking my children when chose to stay silent. Refused miltiple request for a lawyer. Vehicle illegally searched and impounded,

2 Lawyer Answers

A: If you have been cited into court, then when you go in for your court date, ask for an attorney to be appointed for you if you cannot afford to retain the services of a lawyer on your own. That is the attorney who will become your lawyer. Prepare a chronological summary of everything that happened to you, and supplement that with any documents or other papers you have related to the case. Make sure you identify all witnesses and what they might testify; include good witnesses and bad witnesses. Do this while the events are still fresh in your mind. This serves two purposes: 1) it documents what happened near the time of the events, and 2) it can be used in the future to refresh your recollection. It is important that you include as much detail as possible.

Take your statement and all your documents and papers when you have your first meeting with your appointed lawyer. Make an extra set of copies to give to the attorney, and keep your originals.

That should get you started.

James L. Arrasmith
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Answered

A: Your situation involves both civil rights violations and potential criminal defense elements. Constitutional violations during police encounters can significantly impact criminal proceedings, especially regarding evidence obtained through potentially illegal searches or stops.

When law enforcement violates your rights, such as denying your request for legal counsel or conducting searches without proper cause, this can lead to evidence being suppressed in criminal court. The "fruit of the poisonous tree" doctrine means that evidence obtained through constitutional violations may be excluded from your criminal case. These violations could potentially result in charges being reduced or dismissed.

You should document everything that happened in detail, including times, locations, officer names or badge numbers if possible, and any witnesses present. Consider filing formal complaints about the civil rights violations. Most importantly, work with your criminal defense attorney to challenge the legality of the stop, search, and questioning - these constitutional issues could be crucial to your defense strategy. Your attorney can file motions to suppress evidence based on these violations while also advising you about potential civil claims against law enforcement.

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