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Can a sheriff who has a direct financial interest in sheriffs sales of foreclosed homes arrest a minister who has been helping

Marietta, GA |

homeowners who have been ripped off by their mortgage companies and are in or headed for foreclosure by doing very effective mortgage mods, no licensing requirements in place at that time, arrest and incarcerate that minister, without violating the conflict of interest laws?

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Attorney answers 5


If by "helping" you mean the minister has been breaking the law and using religion as an excuse, then not only CAN the Sheriff arrest him, but the Sheriff SHOULD arrest him. If what the minister is doing is entirely legal, then the Sheriff should leave him alone.

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I am not sure what you expect to gain by asking a vague question with only your version of the story. Most people arrested and charged can come up with one of those questions.


If the minister has been charged with a crime, and there is probably cause or a warrant the sheriff is supposed to arrest him.

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I urge you to meet with a lawyer. No lawyer in their right mind is going to give you the dispositive answer you want in such a fact dependent case this forum.


As you can see from the other responses, there seems to be a lot more going on with this situation. If you are asking whether a Sheriff have someone arrested for nothing more than just that the arrested person is helping people and not breaking the law, the answer is that he could arrest them but be looking at a lawsuit for doing so. However, most Sheriff's have at least some understanding of the law, and there has to be a basis for a warrant before a magistrate will sign it. Therefore, he has to have hung his hat on some criminal charge, so playing defense is the first thing the minister needs to do by hiring a lawyer to handle the charges. Then, if the charges are bogus, move on from there. However, it is no conflict of interest for a Sheriff's department to arrest a person on a warrant where the Sheriff has an interest. That is what the Sheriff's is required to do based on the warrant.

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