What to do if several of my legal rights were violated and the DA does not care?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if several of my legal rights were violated and the DA does not care?
My house was broken into around 1 am in the morning. I ended up catching the guy and he got shot in my front yard.T his seems to fall under my state’s Castle law. Within 10 seconds, the police handcuffed me and took me to the station, without the Miranda warning being read to me. My neighbor told me the police were in my house all night searching yet the search warrant was not issued until 7:30 am the next morning. Can someone help me with this issue? Castle law, Miranda, and 4th Amendment are ignored here, plus I was indicted by grand jury without any notice for me to be there also which is wrong.
Asked on May 18, 2012 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You'll need to hire a defense attorney or request a court appointed attorney to defend you in the criminal case. You're not going to have much luck with the other matters as far as a civil suit-- for various reasons and exceptions. For example, grand jury proceedings are confidential and they are not required to tell you when the grand jury is going to convene. Second, the change in the castle doctrine is still very new with limited interpretations-- but many interpretations only extend to your home, and don't allow you to chase someone down in your yard. If interpreation is later rejected, then the agency will have governmental immunity -- which means you can't sue them. Third, they can search a crime scene without a warrant. Warrants are always a better practice, but are not required at certain times-- investigating a crime scene is one of them. If the search was illegal, the only remedy would be the exclusion of any evidence found at your trial. All of the actions you described are fairly typical becuase they are in the course and scope of their powers and duties. If they had gone beyond their scope, like beating you senseless, then you would have a civil suit. Right now, your best bet is to get an attorney to help you on the criminal end.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.