Legal Question in Constitutional Law in Ohio
How to avoid being rail roaded
The police pulled over my wife's cousin next door to my home, arrested him for murder,and stated that they believed the murder weapon was in my home.They obtained a bogus warrant,confiscated marijuana plants,and charged me with second degree cultivating.They never even looked for a murder weapon,in fact,they never even searched my home.Now they stated that their probable cause was the fact that my wife is related to the murder suspect.They stated that they observed him enter my home earlier that day and believd he may of stashed it then.The homicide occured a week earlier so why stash it now?Four months later someone else confessed to the murder,he was aquitted and set free yet i am still fighting my charge. I just want a fair chance. I have a suppression hearing soon, but the judge that signed the bogus warrant, is residing over my suppression hearing.Why would he throw out a warrant that he signed? Even if there was a differet judge, ''suppression hearings arn't honored in this city''. It is corrupt here and has been for years, but when does it stop? Did i mention that the warrant's original address was marked out and mine was written in with a black pen? I already have a lawyer,any advise for me?
1 Answer from Attorneys
Re: How to avoid being rail roaded
All you can do thru your lawyer is to fight the suppression motion by entering as many of those facts into the record.
You have the burden to prove that the person who swore to the affidavit lied about the facts in the affidavit that supported the search warrant. What does that affidavit say? Whatever it does say needed to have given the judge reason to believe something illegal was in your house. Also, they needed to have a search warrant that matches your address.
If the court denies the motion, it is something that can be appealed. What is the county you're in? That county's appellate court has a record that can predict what will happen if you need to appeal.
Call me directly if you want:
216.952.1990
joe jacobs
Related Questions & Answers
-
Is it illegal for someone to photograph me without my permission? my neighbor has... Asked 12/15/05, 3:46 pm in United States Ohio Constitutional Law
-
How long can be held under arrest wiyh out being how long can you be arrestd and... Asked 10/24/05, 7:14 am in United States Ohio Constitutional Law
-
Arrest of a County Sheriff? My question is this. Who would have the authority to... Asked 10/08/05, 2:33 pm in United States Ohio Constitutional Law
-
Bill of attainder and Due Process The State has empowered the CSEA to revoke... Asked 2/03/05, 12:00 pm in United States Ohio Constitutional Law