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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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I recieved a ticket with a court appearance for use of fireworks.

Resolved Question:

I recieved a ticket with a court appearance for use of fireworks. I lit fire crackers in my apt. The police came for a noise complaint. I admitted to lighting fire crackers. I did not allow the police to enter my apartment I told them it was my right, therefore they did not find any evidence of fireworks being used. If the only thing the state has against me is my confession before a police officer do they have reasonable cause to convict me? From my understanding there needs to be evidence for a crime to occur.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  xavierjd replied 3 years ago.

Thanks for using JustAnswer.com

 

Did the police issue you any type of violation?

 

Thanks

Customer: replied 3 years ago.
yes a violation for- use or explosion of fire works, I have a court appearance and a lawyer but my lawyer and I never discussed if the state would convict me in a trial. He only spoke of court supervision or the diversion program.
Expert:  xavierjd replied 3 years ago.

Thanks for the information.

 

You were correct. Unless the officers had a warrant (there are exceptions, however....like you gave permission), under the 4th Amendment, they had no right to enter your apartment.

 

All crimes are made up of elements. Each and every element of a crime must be proven "beyond a reasonable doubt." If the state fails to prove EACH and every element of a crime beyond a reasonable doubt, then you must be found "NOT GUILTY." So, you need to ask your lawyer to explain the elements of the crime of "use or explosion of fireworks." Whether you can be convicted of the crime depends on whether all of the elements of the crime are met.

 

The officers may testify that you admitted to use of fireworks. But the state must produce evidence beyond your admission in order to convict you. What made the officers believe that you were using fireworks? They were called to your apartment on a noise complaint....not on a fireworks complaint! Did they smell something, hear something or see something that would believe them to believe that you were using fireworks?

 

The officers will testify as to what they heard, smelled, heard, etc. and will testify that you admitted to using fireworks. However, your attorney may cross examine the officer regarding the credibility his/her testimony and whether they possibly put words in your mouth regarding your admission, etc.

 

Moreover, if you were charged with use or explosion of fireworks.....where is the evidence of the fireworks? You didn't let them in your apartment. I'm sure that you didn't give them evidence. So.....the state has to prove it!

 

Your attorney spoke to you of court supervision or the diversion program because you may have the opportunity to complete a period of supervision and if you do so, you will end up with no conviction on your record.

 

A diversion program is an alternative to having a trial. You must discuss the facts of your case with your attorney, evaluate whether the state can prove each and every element of the crime beyond a reasonable doubt and decide how you want to proceed.

 

Most importantly, if you believe that you are not guilty, then don't plead guilty. Any plea of guilt must be freely, knowingly and voluntarily made.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
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