Do they have any right to charge me with "Unlawful Consumption of Liquor by a Minor" with no present evidence?
Asked on Oct 10th, 2013 on Criminal Law - Illinois
More details to this question:
I was at a college in Illinois visiting my sister. I went to a fraternity and could not find my way back to my sister's apartment. One guy I was hanging with at the fraternity asked me if I wanted to stay the night at his place. I graciously accepted and we went to sleep in the basement of his house. I was awoken in the morning by an older gentleman asking who I was. I told him that I came here with another guy last night who invited me to spend the night. I was asked to leave, so I did. However, there were police outside and the "homeowner" decided to press charges against me for Criminal Trespassing. Anyways, I went to court the other day and plead not guilty. The person pressing the charges against me was NOT present. The judge also said I had a charge of "Unlawful Consumption of Liquor by a Minor". I was never breathalysed or blood tested, so I don't know where they have this evidence. Shouldn't my charges for Criminal Trespassing be dismissed if the accuser is not present? Since I plead not guilty, the judge gave me another court date, without even hearing my story or reading the police report.
A skilled criminal defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you.? Schedule a consultation ASAP.? Once the matter has been resolved to your satisfaction, you'll be glad you paid the reasonable amount of attorney's fees to hire the attorney & properly protect your legal rights.
Some judges will give the prosecutor a continuance to locate the complaining witness. Was the police officer in court? Depending on the county and your background you may be able to obtain a dismissal of this case. This would allow you to expunge the arrest in the future.
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