ATTORNEY-AT-LAW
Sergei N.
Vinokurov
 
 
                                                                                   
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                            A SEARCH IN THE HOUSE

 

 The attorney provides legal assistance on various issues and disputes in the areas of contract law, bargains and bankruptcy, and conflict of laws. The attorney gives legal advice related to the preparation of various contracts, bargains and disputes in courts of general jurisdiction courts  and arbitration courts.

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Every citizen wants to feel himself calm and reserved. However, in life there are situations when your own house owners become law enforcement. It may very well unsettle even the man with the strongest nerves. One of these unpleasant procedures is a search in the apartment.

Is an investigative action requires a clear and strict observance of the law by the investigating authorities. However, unfortunately, during the search, this is the law often not only not respected, but grossly violated by law enforcement officials.

Planting evidence, lack of necessary regulations, intimidation, bogus witnesses. All this can lead to fatal and even to catastrophic outcome for any citizen who could be behind bars for anything at all.

If law enforcement came to you to carry out a search in the apartment, you must have a cool head and a thorough knowledge of your rights:
1. The investigator is obliged to show and give to see the court order a search warrant. In the law there are exceptions when a search can be carried out without such a resolution, than often used by unscrupulous law enforcement officers.
2. It is imperative to ascertain the credentials of the investigative team and try to record all their data.
3. At your request, an investigator is obliged to inform you that they are looking for and to offer voluntarily to give it.
4. During the search are required to present two witnesses. You should carefully check their identity, so they do not turned out to be bogus.

The main document when conducting a search is Protocol. It needs to be reflected and fully painted all procedural steps. Indicate which things or objects were discovered, if they are issued voluntarily, were applied during the search specifics and so on. This Protocol is an important document, it should be examined carefully and write your comments, if any. In addition, the investigator must give you a copy of the Protocol and the inventory of seized property.

Unfortunately, even the most educated citizen to follow their own, the legality of search procedures can not. But, even the smallest detail that you overlook can be fatal in court.

Only a professional lawyer, being present during the search, will be able to see that this process took place without violations and pressure from the police and investigator. The defender will make sure that the search took place in the framework of the code of criminal procedure, a minutes will see the whole procedure, examine the individual witnesses, thoroughly familiar with the Protocol and will make him legally competent comments.

If necessary, the lawyer will make a claim on the illegal investigations. But most importantly, will help to avoid so beloved by law enforcement, psychological pressure from their side.
Any, even the most minor violation of the procedure of search on the part of the investigating authorities, which finds a lawyer may make a record of the search is invalid during the trial, and to continue to provide you with invaluable help.

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Attorney Sergei Vinokurov. All rights reserved.
 
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