Detective improper investigation

This is a discussion on Detective improper investigation within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; Can a detective get into trouble for not fully investigating a case? Is there anything I can do now that I served time and took a plea? Can he legally ...

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  1. #1
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    Detective improper investigation

    Can a detective get into trouble for not fully investigating a case? Is there anything I can do now that I served time and took a plea? Can he legally interview me even though I was coming off a 48 hour shift with no sleep and under a controlled substance?

  2. #2
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    Created Blog entryOverdrive3 months registered500 Experience Points

    Technically a detective does have to fully investigate a case. As far as the criminal trial, there is likely nothing you can do. If you feel the detective did something wrong, you can try to file a civil lawsuit against the police department although I think it would be difficult for you to find an attorney willing to take your case, if you even have one. Hard to say without knowing any of the facts. As far as the interview goes, you could have just declined so I don't see anything wrong with that.
    I am not a lawyer, this is not legal advice.

  3. #3
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    Overdrive31 days registered500 Experience Points
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    1. You have a tough row to hoe my friend. The investigator's deficient follow through (checking all leads) should have been brought out at trial in your favor by your attorney. These things do slip by. However, your attorney should have put this fellow on the stand and grilled him/her to the fire. This stuff is speculation on my part. This case is said and done and you accepted a plea. I do not have the trial transcripts.

    2. As to the investigator's interview, you could have demanded an attorney and refused to answer any questions (not necessarilly in that order). Apparently, he knew your shift and got you by the balls. Folks, NEVER ever consent to a police "interview" aka interrogation. You have the Constitutional right to remain silent and demand an attorney no matter what the officer purports or no matter how much he/she is a bully.

    3. If you are currently incarcerated, you have the right to bring civil action against the State or Federal Corrections Commissioner under the Constitutional guarantee against Habeus Corpus (false imprisonment). However, there are two conditions that must be met for standing to bring suit a) YOU MUST CURRENTLY BE INCARCERATED - If you served your time and are not behind bars (parole does not count), you are up the creek. b) The complaint and summons must be direct to a person, namely the commissioner like Mr. John Doe.

    If you can prove you were intentionally or very negligently framed. AND You can prove you are innocent or make a good case for such, you have a very lucrative civil suit against any and all individuals as well as the State.

    Lastly, it seems that this "stuff" should have been subject to Appeal? Good Luck.


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