If I was arrested and the police report has false information as far as the location where the incident happen and I have witnesses to prove the location to be false on the police report.....What can be done in this situation,motion to quash,motion to dismiss...just anything that can help my case....by the way this happened in the state of Louisiana?
Once you've been arrested, the time and place to contest the arrest is in court.
You can make your motions and try your legal magic AFTER you've plead not guilty, hired a defense attorney (or if you can't afford one, ask the court to appoint a public defender), admit to noting, don't discuss your case, don't try to explain this awy, SILENCE.
Talk only to your lawyer, discuss the facts (as you know them), your lawyer will investigate and discuss what strategy will be used.
Be further informed, an arrest is simply an allegation.
It is ONLY the opinion of the arresting officer that you did this or did that.
The officer acted on reasonable belief that you committed the offense with you now find yourself charged.
Your trial will follow, and the state (appearing through the prosecutor) will attempt to prove to a jury that YOU actually did the crime(s).
So, relax, male your not guilty plea, go to trial, you and your lawyer aren't required to prove a darn thing.
The state, and the state alone has the burden of proof, even under Louisiana's quite unique (in this nation) Napoleonic Code of Law!
