How can I get my case dismissed?

Asked almost 4 years ago - Alpena, AR

I'm 17 and have never been in trouble with the law. Last night I was in the wrong place at the wrong time. I was around people who were smoking and a cop pulled up. One person had got arrested for possession and two people got a public intox for marijuana. The cop also gave me public intox (marijuana) because of the second hand smoke he said. However he didn't do a full sobriety check, he looked at my eyes and told me I was high even though I know I wasn't. I'm really worried because I'm enlisted in the military and if my case isn't dismissed I will be kicked out and barred from entry because we have a zero drug policy. I really need help, thank for any help.

Additional information

Also, I was not arested I just got a citation. My court date is February 11th . Will I have to plead not guilty when I go to court for my citation?

Attorney answers (3)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    Answered . When you go to court for your first appearance you should plead guilty. If you have an attorney, then will enter the plea for you and a trial date will be scheduled.

    The prosecutor will probably not be very familiar with your case yet, but your attorney can also start a dialogue with the prosecutor, as well as conduct discovery in your case in order to determine the best way to proceed.

  2. Keith Byron Hall

    Contributor Level 7

    Answered . The State must prove you were "intoxicated" under the law, for you to be convicted of anything. They may have trouble doing that without some evidence that you were acting intoxicated. Your case has issues for a criminal lawyer to work with. In any event, make no statement to the police and contact an attorney and let him go to work for you.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . The answer to your question is that a case can be dismissed if a motion to dismiss is filed. The best way for someone to have a motion to dismiss filed is for them to retain an experienced criminal defense attorney who has been down this road before to file such a motion. Based on what you have stated that is at stake, you can not afford not to retain an eperienced attorney to do this for you. Also, you should not make statements to anyone, anyone, whatsoever about this other than the criminal defense attorney that you retain.

    I truly wish you the best.

    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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