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?


Asked on 12/21/05, 5:45 pm

1 Answer from Attorneys

Joseph Jacobs Jacobs & Lowder

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

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Answered on 12/21/05, 6:33 pm


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