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There are two general categories of circumstances where a factual innocence finding can be obtained. The first category is where you have been falsely arrested, charged, accused, or convicted of a crime. The second type of circumstance in which you can obtain a factual innocence finding is where you are the victim of identity theft.
→ Read MoreState and federal laws vary as to whether a juvenile who is temporarily detained by law enforcement officers may be photographed. If a photograph of a juvenile has been taken by the police, consider consulting an experienced juvenile defense attorney.
→ Read MorePolice officers do not always need a warrant to make an arrest. Find out the circumstances that allow state or federal officers to arrest you without a warrant.
→ Read MoreIf you’re arrested following an illegal search, write down the details and provide them to an attorney. You may have the option of filing a civil lawsuit based on the illegal search.
→ Read MoreOnce you are arrested, you will be taken into custody. Usually, you will be driven in a police car to a local jail. After your arrest, you will generally be asked two types of questions including routine and interrogation. Read on for more information about what to expect if you have been arrested, including information about Miranda warnings, interrogation, booking, and arraignment.
→ Read MoreIf there is no evidence that you knew the check was bad, then you did nothing wrong criminally and should not be arrested–though if the…
→ Read MoreIf the cops have a warrant to search your house, they can look anywhere that the warrant permits them to look. This may seem like an incredibly broad answer, but the scope of any warrant is limited or expanded by the authorization contained within the warrant. When the officers come to your door, ask to see the warrant in advance and have them point out the section which identifies your house. If you live in apartment 1-A, but the warrant is for apartment 1-B, politely direct the officers to the next apartment. Believe it or not, law enforcement have been known to read warrants incorrectly and search the wrong house by accident.
→ Read MoreConsent, whether of a minor or not, typically becomes an issue when officers do not have a warrant or an excuse that would eliminate the requirement for a warrant. A judge typically considers four factors to determine if a person was legally able to consent to a search.
→ Read MoreAs a general principle, for police to come in your house and get you would violate the U.S. Constitution. Over the years, however, the courts and state statutes have developed several exceptions where the police can enter your home to get you. Most exceptions are based on consent and warrants. The area which results in the most debate is warrantless entries in people’s homes based on exigency (emergency situations).
→ Read MoreWhether or not you can travel on an airline with an outstanding warrant depends in large part on just where you are traveling. Not all airlines check passenger names against databases for domestic flights, specifically, databases that might provide a list of individuals with outstanding warrants. While it would be challenging to perform database checks for all domestic flights, international flights are a different matter altogether. The security procedures for international travel do involve checking databases. If you are traveling internationally, it is possible that your name will show up in an airline security database.
→ Read MoreFind the right lawyer for your legal issue.
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