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Cited for Minor Consumption and Flee on Foot, Chances I can fight it and win?

Collegeville, MN |
Attorney answers 7

Best Answer
Posted

In my experience as a prosecutor I know that the state takes resisting, obstructing, eluding, and/or any assault on a peace officer very seriously. With that said, you can always "fight" the case, yet it always depends on the evidence they have against you when discussing whether or not you have a good chance and "winning." Consult with an attorney and let him or her review the discovery in your case. At that point he or she will be in a better position to tell you what your likelihood of success is.

Asker

Posted

i've also heard that the officer who issued the citation would have to attend the court hearing, and often they have better things to do and the case can be dismissed if they aren't present, is this common?

James J.L. Ahern

James J.L. Ahern

Posted

It is always possible that an officer, or any witness for that matter, does not show up for trial. If the complaining witness is not present the prosecution often cannot make their case so it gets dismissed. Don't bank on it happening though because If you play "witness chicken" with a police officer and he shows up it may not go well for you. Also, this is only for trial. The witnesses won't be necessary for any pre trial hearings other than perhaps a motions hearing. Good luck!!

Posted

No way to know whether you can win without conducting an investigation into the State's case. Hire a Criminal Defense Attorney to do just that.

Posted

No one has the crystal ball that will let us offer any sort of reasoned analysis on your chances of "winning."

A criminal defense attorney will enhance your case no matter what you're up against! Schedule a consultation with such a professional this week.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Asker

Posted

i'm on a college budget, risking getting kicked off of my athletic team, just looking for any advice or things that i should be aware of before my court date that could A. help my cause or B. get me into more trouble. Thanks

Posted

Your chances at winning depend on many different variables, including what you consider winning. The most important thing to focus on is to resolve the case without our resulting in a conviction in your record, which could haunt you for years. Your chances increase greatly if you retain an experienced attorney to fight for you. It is possible to reach a resolution which will either result in a dismissal, it a stay of adjudication.

I suggest you contact a local attorney to discuss your options.

I hope you find this information helpful, and I wish you the best of luck.

Andrew Leone

Posted

If you don't fight it, you won't win. You'll need a defense lawyer to win. Avoid posting admissions ona public website.

Posted

You should speak to a criminal defense attorney in your area. Although it may be possible to keep the case off your record, or avoid a criminal conviction, situations like this need more work and analysis than a Q&A forum can provide.

This information is general in nature. You should not rely on this information as legal advice, as each case is unique. This information does not create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact an attorney directly at your earliest convenience.

Posted

Hello. First, you should not post private details of your criminal nature issues on a public website. If you are poor or low income you may qualify for the appointment of a public defender. Otherwise, address your concerns with your attorney as she/he will analyze all facts of your case in great detail and provide you with sound legal advice as to what is the wisest paths of action for you based on the totality of the facts, evidence, law, etc. All the best.

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