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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-26-2008, 05:59 PM
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wrongfully accused and unfairly treated


What is the name of your state (only U.S. law)? Iowa
My boyfriend has been arrested and being held on 67500 bond which was made into 6 warrants all stacked on top of each other I thought bond stacking was illegal. He is being wrongly accused of most charges and courta appointed attorney isn't doing anything but laughing. Police kicked in the door without any explanation, pulled over friends numerous times and searched for no probable cause, never said there was a warrant only asked where they might find him. Staked out his house for numerous hours ambushing anyone and everyone who went to his residence questioning and searching them. He wasn't even home. His court appointed attorney isn't doing anything, and won't request a bond reduction hearing. What can we do and where do we go?

Last edited by carolwood; 12-26-2008 at 06:01 PM. Reason: additions
  #2  
Old 12-26-2008, 06:06 PM
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it is really odd that in all you posted, you never once claimed he was not guilty of some crimes and did not deserve to be in jail. You complained a lot about how they caught him though.


Maybe he should be setting in jail. How are we to know. You said nothing of what the charges are.

If the attorney he has will not act as your bf believes he should be, have your bf hire another attorney.
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  #3  
Old 12-26-2008, 06:06 PM
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Well you don't have many facts .

Stacking ?

Not if each charge is separate .
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  #4  
Old 12-27-2008, 02:20 PM
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As far as charges go they were for burglary and trespassing, etc. What they say he stole he actually purchased from someone else. The local newspaper came out today and said that he had also been charged with posession of precursers and manufacturing methamphetamines, he was not charged with these things, they said that during the search of his residence that they discovered these things, don't they have to get a separate warrant to confiscate anything other than what the search warrant is for? The warrant stated that they were looking for stolen property and listed several places that had reported things stolen. There was nothing listed pertaining to drugs at all. So therefore IF they indeed did find anything of the sort they shouldn't have been able to do anything with it without a separate warrant should they? And if they did why didn't they keep him in jail then, instead of letting him out and then having to arrest him again 2 months later? Isn't stating these wrong accusations in the paper deflamation of character?
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Old 12-27-2008, 03:02 PM
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Quote:
Originally Posted by carolwood View Post
As far as charges go they were for burglary and trespassing, etc.
What are the "etc." charges? It is a rare criminal who racks up six different warrants!

Quote:
What they say he stole he actually purchased from someone else.
Then he can bring this person to court to testify on his behalf. That should be easy. Or, is the person he bought it from unknown to him ... "I bought it from a guy who I don't know, can't get a hold of, and is about medium height, with dark to light hair, and 20 to 40 years old." The mystery participant defense tends to go crashing down in flames at trial.

Quote:
The local newspaper came out today and said that he had also been charged with posession of precursers and manufacturing methamphetamines, he was not charged with these things,
The paper will typically indicate where they were told this. In other words, "Sources in the police department said that hew as arrested for ..." or, "He was booked into the county jail on charges which included ..." No paper I am aware of just says what he is charged with without indicating (directly or via implication) the source of that info.

Quote:
they said that during the search of his residence that they discovered these things,
Then, maybe, they have decided to add these on to the chargs preferred to the DA.

Quote:
don't they have to get a separate warrant to confiscate anything other than what the search warrant is for?
Not if it is contraband in plain sight reasonably discovered while searching for the items originally on the warrant. If they were searching for a stolen TV and were looking in sock drawers when they found drugs, that might be a problem. But if they were searchingfor items that could reasonably have been found where the drugs were found, they can seize the drugs as they are contraband.

Quote:
Isn't stating these wrong accusations in the paper deflamation of character?
Probably not (and it is "defamation") ... you'd have to find out the source of information and whether there was anything to support the allegation. Although, it is reasonable to assume that if they found drugs and precursors in his place that he'd be a drug dealer and/or manufacturer. I guess it's okay for him to be a burglar and thief, but NOT okay to be a doper?

Are you SURE this is the kind of guy to have as a boyfriend? You can expect your life to include a lot of visits from the police with him around. If he stays out of jail, he'll almost certainly be on probation and that will mean the police will get to come and go from his place (your place, too, if you live together) as they please. If he's making dope, I'll take a leap here and assume that you both use ... the police coming and going on a whim will almost guarantee that you will one day get caught as well. This is NOT the best relationship to be in.

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