QUESTION
What can I do at my hearing to dismiss the disorderly charges?
Asked on Sep 18th, 2012 on Criminal Law - Florida
More details to this question:
I am a student facing disorderly conduct for being drunk in public. I was told that I was not being charged with anything and that they were going to only take me to the drunk tank and release me in a few hours. I did not resist arrest, or cause a scene. Before I was released, the officer at the jail charged me with disorderly conduct. My notice to appear states that my violations were not committed in the officers presence that charged me. He declared them on information and belief.
9 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need a lawyer to help you.? If you cannot afford a private lawyer get a public defender.
Answered on Sep 27th, 2012 at 5:22 PM
Michael J. Breczinski
You should get a lawyer and fight the charge at he very least that person might be able to work out some deal where you end up with no record.
Answered on Sep 24th, 2012 at 9:48 AM
They have to PROVE their case against you. Question the cop on the stand. Try to get him to state that he did NOT witness the incident. Do NOT admit to anything. Judge SHOULD throw it out. But you never know.
Answered on Sep 24th, 2012 at 9:48 AM
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If the officer never saw them, then that makes your case a little better. That means the prosecution would have to track down witnesses. As for getting the charges dismissed, that is up to the prosecutor. Having a good attorney could help you there. Your attorney can negotiate with the prosecutor and point out the weaknesses of the case.
Answered on Sep 24th, 2012 at 9:47 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What can I do File the appropriate motions for dismiss and argue the facts and law applicable. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression, search and seizure, or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 24th, 2012 at 9:46 AM
Thomas Edward Gates
It is highly unlikely you will get the charges dismissed. You could plead guilty and ask for a deferred sentence and, after completing all the terms given you by the court, the charge "goes away," e.g. the charge on your record will show that it was deferred.
Answered on Sep 24th, 2012 at 9:45 AM
What the cop told you was the lie. The DA, not the cop, decides what charges, if any, to file against you. Now you need an attorney to get these charges dismissed. Since they are relatively minor, a skilled attorney can likely negotiate with the prosecutor for a reduction or dismissal.
Answered on Sep 22nd, 2012 at 11:06 PM
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You should get a good lawyer to help you fight this - a lawyer can adjust the defense as needed at the hearing.
Answered on Sep 22nd, 2012 at 11:00 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Listen to your attorney and do what the attorney says.
Answered on Sep 22nd, 2012 at 10:55 PM