QUESTION
How can he handle this, does he need to go to the arraignment and plead not guilty to be able to talk with the prosecutor at the pretrial hearing?
Asked on Apr 23rd, 2017 on Criminal Law - Utah
More details to this question:
My son received a letter from an attorney notifying him that there was a Class B misdemeanor filed against him for possession of drug paraphernalia. But he had no encounter with Police and doesn't use drugs. It appears to be a case of identity theft. Can he present evidence it wasn't him before then?
1 ANSWER
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Randy M. Lish, Attorney at Law
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He has to appear at the arraignment, or a bench warrant will be issued. Prior to the hearing, he needs to talk with the prosecutor. He may need an attorney to make sure he knows what to do to convince the prosecutor that he is not the person who was stopped.
Answered on Jul 20th, 2017 at 10:25 AM