Summary
Selective prosecution occurs when authorities charge someone with a lesser offense due to insufficient evidence for a more serious charge. In Texas, probable cause is necessary for lawful searches and arrests. If a search yields no evidence for the original charge, and subsequent actions seem questionable, it may raise legal concerns. Understanding your rights and the legality of the search and seizure is crucial. Consider consulting a local attorney for personalized advice.Full Conversation
what is the legal term when government can't arrest you for more serious charge so they arrest you for a lessor charge
The legal term you're referring to is "selective prosecution." This happens when the government chooses to prosecute someone on a lesser charge because they can't secure a conviction on a more serious charge.
Are you currently facing a legal issue where you believe selective prosecution is happening?
Federal Government executed a search and seizure warrant. The local police assisted. They didn
It sounds like you might be concerned about the legality of the search and seizure.
Could you please provide more details about what was seized and if any charges have been filed against you?
The local police arrested me when they didn't find anything on the original charge
It sounds like you might be dealing with an issue related to selective prosecution or perhaps an unlawful arrest. In Texas, if police arrest you without probable cause, it could be considered an unlawful arrest.
Could you tell me if you were charged with any specific offense after the arrest?
They locked on my phone and found tiktoc and facebook but I don't have any restrictions
It seems like your situation could involve selective prosecution or potentially unlawful arrest. In Texas, police need probable cause to arrest someone.
Were you charged with any offense after they searched your phone?
is it probable cause if they were looking through my cell for illegal porn. They didn't find any, they the called the SOR and asked them if I had Facebook and TikTok reported.
It sounds like your situation involves questions around probable cause and the legality of the search and seizure. In Texas, probable cause is required for a lawful search and arrest. If they didn't find evidence of the original charge and then contacted the SOR (Sex Offender Registry), it raises questions about the legitimacy of their actions.
Were you ultimately charged with any offense after this search and seizure?