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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116215
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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my son has been charged w/precursor to methamphetamine; state

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my son has been charged w/precursor to methamphetamine; state police responded to a domestic (call was from 7 miles away) which took them 2-3 hrs to get there. no search warrant @ my home in wv (while i was christmas shopping) Son & girlfriend & 3 day old baby in hh let them in. In police report they took items which belonged to me & photos
of memorabilia from my deceased daughter's possessions to build their case. also a bottle of heet that supposedly had sudafed in it ( a very small amt.) My son gave them this stating it was not his. 11 mos later he is arrested /charged/& bonded out. 1 week before pre-trial motions he is diagnosed as bi-polar @ local hospital. At pre trial judge remands him to custody for evaluation; now has 30 days in jail; no return on bail; no answers as to when he can get out & counsel is wanting to plea bargain. What would be best course of action?? Also, they have consent form to search my son supposedly signed, but i have not seen the original and they did not leave a copy w/him..only domestic violence paper for girlfriend.. I returned home & had requested them to have a warrant via phone conversation earlier, but they left before i got back..
Before you sue anyone, he has to get cleared at trial and the court will have to rule that not only is he merely not guilty, but that there were violations of the search and seizure laws and that the police should not have entered the property without a warrant. Until you have the criminal matter resolved and those issues addressed you would not be able to sue.

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