Why would yur attorney tell you that all the incorrect information including wrong address on a search?

Question

I would like to know, if it is ethical to be told by your attorney that the prosecutor can fix any misleading information on charges against you including wrong address, on a search warrant. How do you let your atty know you are not going to accept this?

Answer 1

Well it is not up to you if you will accept it or not, it will be up to the judge if these errors are allowed and accepted and the evidence would still be acceptable, it is most likely that he knows from prior cases or case law that this type of evidence is allowed.

There may be many things about the case you don't like but that does not mean it is not allowed in court.

discuss these issues with him as to why they will be allowed and the such

Answer 2

It could be that you are misinformedor that your lawyer is no good. A prosecutor can get a telephonic search warrant to ammend an existing search warrant but that must be requested before the search actually takes place. Maybe your lawyer was telling you that the prosecutor has already covered his back side. For all i know this has already been discussed in front of the judge and the judge has determined that the site where the evidence was found was in plain site of the original warrant or that it would have been discovered otherwise. So long as the evidence found was exactly what the warrant was intended to find the judge may have extended the warrant's scope. Be certain before you proceed.

Answer 3

Is it ethical for your attorney to explain to you the way the law works? Yes. Obviously. What you may not like is that the law works this way.

Now, if the attorney just allowed the changes to go through without ever making a motion to the court to exclude the evidence, based on a facially invalid warrant, that could be an ethical violation for incompetence.

But if what the proecutor did was legal, or if the court (judge) was consulted and approved the changes, then that's the result.

If you don't want to accept the result, then it gets fought on appeal, generally after the trial is over. If you want to be sure, you should consult with a different attorney to verify these facts.

Answer 4

He charges by the hour. Most attorneys give wrong information

Answer 5

You open your mouth and you tell him, then you fire him and go out and get yourself another....you need to remember you are paying him, you are his boss and let him know that...if he doesnt like it then he is not the one for you.

Answer 6

Fire him. Oh wait, you can't because he is your only public defender.

Answer 7

Is this in U.S.