CAN SOMEONE HELP?

[TRICIALYNN]

MY BROTHER IS IN JAIL FOR TRAFFICKING IN METH. HE HAS BEEN IN JAIL FOR ALMOST TWO MONTHS. HIS LAWYER HAS NOT BEEN TO SEE HIM AND SHE KEEPS PUTTING HIS COURT DATE OFF. SHE WILL TELL ME THAT SHE IS GOING TO SEE HIM BUT SHE NEVER DOES. NOW THE FEDERAL GOVERNMENT IS LOOKING AT HIS CASE BUT YET HIS ATTORNEY STILL WILL NOT LET HIM KNOW ANYTHING.THE SEARCH THAT WAS PERFORMED AT HIS RESIDENCE WAS NOT LEGAL. THERE WAS NO SEARCH WARRANT, THE POLICE MISREPRESENTED THEMSELVES AND LIED AS TO THE REASON THEY WERE THERE. WHAT CAN HE DO TO GET INTO COURT AND/OR GET HIM A NEW ATTORNEY AND HOW CAN HE OR HIS FAMILY HELP HIM TO GET A LIGHTER PRISON SENTENCE?

 

[bellestar]

O.K. NOW WHAT KILLS ME IS THAT SOMEONE IS DOING SOMETHING ILLEGAL. JUST BECAUSE THERE WAS NO WARRENT THERE WAS MORE THAN LIKELY CAUSE FOR SUSPITION. WHAT YOU ARE SAYING IS LIKE THE OLD THING A MAN PULLS WHEN CHEATING. IF A MAN IS CAUGHT CHEATING CUZ HIS WIFE GOES WHERE SHE KNOWS HE WILL BE, CATCHES HIM AND LEAVES HIM BUT HE IS MAD AND BLAMING HER CUZ SHE SHOULD HAVE STAYED HOME. SO YOUR BROTHER WAS DOING SOMETHING WRONG AND ILLEGAL BUT ITS THE COPS FAULT CUZ THEY HAD NO WARRENT. THERE WAS CAUSE FOR SUSPITION AND YOUR BROTHER HAS NO CHANCE ON THAT TO GET HIM OUT. AND AS FOR THAT LAWYER. STOP CRYING ABOUT HER YOU KNOW SHE IS A BAD LAWYER SO WHAT DO YOU DO???? GET A NEW ONE....

 

[TRICIALYNN]

OBVIOUSLY YOU DON'T KNOW MUCH ABOUT YOUR 4TH AMENDMENT RIGHT. PLEASE DON'T TRY TO GIVE ME SNOBISH ADVICE IF YOU DON'T UNDERSTAND THE LAW AND A PERSONS RIGHTS AND HAVING THEM VIOLATED IN YOUR OWN HOME.

 

[yolanda]

I'm not an expert on the law but I do know that wrong is wrong. Look at it like this, if you are driving without your seatbelt but the police actually stop your for a moving violation, they have the right to ticket you for not having a seatbelt on. In relation to the other response, you don't know if they (police) had suspected your brother for something else. At any rate, they found narcotics and well, drugs are illegal.

 

[bellestar]

RIGHT AND SEEING THEY DID THE SEARCH AND DID FIND SOMETHING THEY WERE NOT IN THE WRONG. NOW IF THEY DIDNT FIND ANYTHING THEN YOU CAN SAY THEY VIOLATED. SEARCHED ILLEGALLY. SO MY ANSWER MAY BE SNOBISH BUT IT IS THE TRUTH. I AM NOT HERE TO HAVE PITTY ON LAW BREAKERS. JUST TELL THEM THE CONSIQUENSES. AND SOMETIMES ITS NOT PRETTY. SO IF THE TRUTH HURTS THAT IS YOUR PROBLEM.....

 

[nuyuky]

This is not advice, but you have a constitutional right to due process and since the search was illegal, if you can prove it in a court of law, it won't matter if they found something or not. So try a motion to suppress evidence on those grounds and to dismiss charges.

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Nuyuky