Illegal Search Evidence Exclusion

Summary

The exclusionary rule in Texas excludes evidence obtained through illegal searches, protecting constitutional rights and deterring police misconduct. Exceptions include the good faith exception and inevitable discovery.

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whats it called with cell phone and evidence was obtained from an illegal search and seizure
The term you're looking for is "exclusionary rule." In Texas, if evidence is obtained through an illegal search and seizure, it may be excluded from court under this rule.
Do you need more details about how this might apply to your case?
how is the exclusionary rule applied
The exclusionary rule in Texas is applied as follows:
- If evidence is obtained in violation of the Fourth Amendment (illegal search and seizure), it can be excluded from trial.
- This rule aims to deter police misconduct and protect constitutional rights.
- Exceptions include the "good faith" exception and inevitable discovery.
Would you like more details on any of these points?
if I ready posted bond, and released from Jail, but the bond is too high, can i request to have the bond reduced or elminated?
Yes, you can request to have the bond reduced or eliminated. Here’s how:
- File a motion to reduce bond with the court.
- Present evidence of your inability to afford the bond.
- Demonstrate that you are not a flight risk or a danger to the community.
Would you like more details on how to file this motion?
do i have to go back to jail to get the bond reduced?
You generally do not have to go back to jail to get your bond reduced. You can file a motion to reduce bond while out on bail. It is advisable to consult with a lawyer to help with the process.
Would you like more information on how to file this motion?
why does my attorney say i have to go back to jail
Your attorney might be saying that you have to go back to jail for several reasons, such as:
- If there’s a bond condition violation.
- If there’s a new charge.
- If the court requires your presence for a hearing.
Would you like more information on any of these points?
if the new arrest is for failure to registar sex offender in texas, but the original plea has a motion to withdrawal the sex violation, and this would impact the current arrest, what should i do with the current court arrest
You should inform the court and your attorney about the motion to withdraw the original sex violation. This could potentially impact the current arrest for failure to register as a sex offender.
Would you like more details on how to present this information to the court?
If I make an appointment to update my sex offendar registration and the officer that I reported to had me arrested after the fact for information I voluntered, is that legal?
Whether the arrest is legal depends on the specific information you volunteered and if it constituted a new or ongoing offense. Here are some relevant points:
- Self-Incrimination: Information volunteered that is self-incriminating can be used against you.
- Registration Compliance: Failure to comply with sex offender registration requirements can lead to arrest.
Would you like more details on how to challenge this arrest?
how do I file a motion to withdrawal a guilty plea three an half years after court appearence
To file a motion to withdraw a guilty plea in Texas after three and a half years, you would generally need to show a justifiable reason such as new evidence, ineffective assistance of counsel, or that your plea was not made voluntarily. Here are the steps:
- Draft a motion stating your reasons for withdrawal.
- File the motion with the court where you entered the plea.
- Attend the hearing scheduled by the court and present your case.
Would you like more detailed information on drafting this motion?
would accepting a plea to protect the guilty family member be a reasont to request motion to withdrawal
Accepting a plea to protect a guilty family member could be a reason to request a motion to withdraw a guilty plea, especially if you can demonstrate that your plea was not made voluntarily or was made under duress.
Would you like more detailed information on how to draft and file this motion?
threatening long jail time be considered not made voluntarily
Yes, threatening a long jail time can be considered as coercion, which could make a guilty plea not voluntary. If you can prove that you were coerced into pleading guilty to avoid a long jail sentence, you may have grounds to withdraw your plea.
Would you like more detailed information on how to present this argument in your motion?