How to beat my misdemeanor case? 7 Answers as of July 12, 2013I was asleep when my fiancé ran into my bedroom telling me that a sheriff is outside shouting that I come out to get my dog or he would kill it. I came outside and secured my dog. I would have gone back inside but the sheriff said he needs my identification card. I told him that I don’t have one and he said that I would go to jail. He then threatened to shoot me and handcuffed me.
Timothy J. Thill P.C. | Timothy J. Thill
Hopefully, you have some witnesses who say what happened. I have no idea what the sheriff charged you for, but in any case, it is basically your word against his, and usually the police win. I would nevertheless retain a lawyer to represent you in court. He should be able to obtain all the police reports and evidence in the possession of the prosecutor, go over everything with you, and together, you and he can determine the best way to approach the case, be it through motions, plea bargaining or trial, either before a judge or jury.
Answer Applies to: Illinois
Walpole Law | Robert J. Walpole
I took the time to re-read the facts as I only glossed over them the first time. I did so because you ask "How do I beat my misdemeanor case?". Well, it is apparent to me what you need to do. And if it isn't to you, i can only imagine that has something to do with our educational system. I have found that most people are not aware of the rights guaranteed by the U.S. Constitution. You are entitled to a jury trial.
Answer Applies to: Oklahoma
Gladden Law Group | Kristi Gladden
From the facts, I assume you are charged with Obstruction, although I agree with you that the mere fact that you didn't have an ID when approached in your own home shouldn't have given rise for arresting you - for any reason. You weren't driving a car or participating in anything where not having an ID would be considered a violation of the law. Had you begun running or resisting with the deputy that may have given rise to a misdemeanor obstruction, but you didn't, and there was no reason for him to have cause for arresting you in the first place. You didn't refuse to give him your ID - you didn't have an ID, and I think that is an important issue - refusing to give it to the deputy if you actually did have an ID vs not having one at all when you were somewhere that the law doesn't technically require you to have one in the first place. The ease in getting this dismissed is somewhat going to depend in which county or jurisdiction this occurred. Of course, some courts are more conservative than others, and therefore more inclined to be biased toward law enforcement. Fulton County, for instance, is so backed-up with cases that your situation would be much easier to deal with there than in more rural counties. You also want to think about making sure your case is dealt with in such a way to allow you to apply to get your arrest expunged after it is over.
Answer Applies to: Georgia