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What can be done to a police man for texting n driving with a arrested indivial in his car?

This legal question related to Criminal defense attorney in FayetteAlabama has been answered.

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Location: Fayette  |  Law type: Criminal defense attorney
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I was arrested because my passenger in my car had methamphetamine in her purse there was nothing found on me or in my car and the officer on the way to the jail was texting and driving with me in the car also he left me in the car for an hour in the heat with no air in the windows rolled up he would not roll them down what can be done to him about those

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3 months 3 weeks ago, Criminal defense attorney, San Antonio

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Fayette. If the response is inadequate, please submit a detailed inquiry.

Analyzing Potential Misconduct by a Police Officer in Fayette

Based on the information provided, you were arrested in Fayette due to possession of methamphetamine by your passenger. During your transport, the officer allegedly texted while driving and left you in a vehicle under hot conditions without proper ventilation. These actions raise concerns about potential police misconduct and your subsequent rights.

1.1. Relevant Legal Provisions:

  • Fayette Municipal Code: Section on Police Conduct
  • State of [State Name] Penal Code: Section on Unlawful Imprisonment
  • State of [State Name] Vehicle Code: Section on Distracted Driving

State Government Homepage (Note: This is a generic link as specific sections were not available).

Possible Courses of Action

To address these allegations:

  1. Report the Incident: You may consider filing a complaint against the officer with the local police department or oversight body in Fayette.
  2. Seek Legal Counsel: It would be wise to consult with a criminal defense lawyer in Fayette to understand your rights better and to potentially challenge your arrest if there was misconduct.
  3. Document Everything: Ensure you have a detailed record of the incident, including times, dates, and any potential witnesses. This will be vital for any legal proceedings.

For further assistance on this matter, you might want to ask a free legal question.

Pricing in Fayette for Legal Services

Average Legal Fees in Fayette:

Service Average Cost
Initial Consultation $150 - $300 per hour
Criminal Defense Representation $2,500 - $10,000 (flat fee for misdemeanors)
Civil Rights Violation Claim $200 - $500 per hour
Personal Injury Claim $1,000 - $5,000 (on contingency)

Note: These prices are average estimates and can vary based on the complexity of the case, the reputation of the lawyer, and other factors.

Clarification and Call to Action

If there are further details or nuances to your situation that weren't addressed here, please clarify. Remember, the right legal advice can make a significant difference. It might be beneficial to compare lawyers in your area to find one that best suits your needs.

Relevant Questions to Consider

  • Was there any form of camera (dashcam or bodycam) that might have recorded the incident?
  • Were there any witnesses to the officer's behavior?
  • Have you had any prior interactions or offenses that might impact this case?

Frequently Asked Questions in Fayette

What constitutes police misconduct?

Generally, police misconduct refers to inappropriate or illegal actions taken by police officers in connection with their official duties.

How can I prove I wasn’t in possession of the methamphetamine?

Evidence such as fingerprints, witness statements, and video footage can help. A criminal defense attorney can guide you through the process.

Are there any rights that protect me from being left in a hot car by law enforcement?

Yes, there are laws and regulations that protect detainees from inhumane treatment or punishment. Such actions can be a violation of civil rights.

What damages can I claim if I'm a victim of police misconduct?

Victims can claim compensatory damages for medical bills, pain and suffering, and more. In severe cases, punitive damages might also be awarded.

Can an officer search my vehicle without consent?

Unless there's probable cause or a search warrant, officers typically cannot search your vehicle without consent. There are exceptions, and it's essential to consult with a legal professional about specific circumstances.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "What can be done to a police man for texting n driving with a arrested indivial in his car?" has been changed 7 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Fayette & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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