Thursday, March 31, 2011
Arrests Don't Always Mean Convictions - Part 2
Sometimes you have to keep fighting. If you lose at trial, you take your case to the court of appeals. If that court doesn't get it - then you take your arguments to the state's highest court. As this story points out, sometimes you have to keep shouting until someone will listen.
Because if the cops have failed to do their job - within the rules established by the authors of the Constitution - then your arrest will not stand and you should go free.
Granted, this takes time, effort - and (all too often - a lot of) money. But, if your not guilty - you want to be vindicated - right?
I think most people would agree - the sooner the better.
One way to ensure an earlier success than this poor young lady is to hire an experienced Minnesota Criminal Defense Attorney to look into your case for you. He or she should bring an extensive knowledge of what the government can and cannot do - and then review everything that happened to you through that lens; analyzing the police investigation, your arrest and even the prosecutor's handling of your case.
If it can be determined that something improper happened - like a bad stop or search , if your property was illegally seized or if your Constitutional rights were violated, your lawyer should seek to get the court to dismiss your case or ask the government to reduce the charges against you.
Sometimes that will happen before the case goes to trial - and other times it comes later --- but if you have the facts on your side - then law should follow. Hopefully that will happen sooner - rather than later.