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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26934
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Two days ago, I was arrested and charged with disorderly conduct.

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Two days ago, I was arrested and charged with disorderly conduct. I invoked my right to remain silent when a police officer asked for my name. So, for less than three minutes there, the police officer didn't know my name. Then he asked the person who had called the police (my ex-wife) what my name was and he had his answer. By that time I was already under arrest. He also asked her if I had been on her property. She said, "No". I made a video recording of my entire encounter with the police officer. It's pretty clear. My ex-wife has no restraining order or order of protection filed against me. She tried for an order of protection last May and was denied. Yet she doesn't hesitate to call the police any time I'm in her neighborhood. In April of 2010, the same officer, in the same basic situation, asked me my name. I refused to give him my name. He did not arrest me. With access to his own report, I could prove that. I'm due in court for the incident on April 18, 2011.

What are my chances of getting the prosecutor to dismiss the disorderly conduct charge given that I have a video tape showing just how disorderly I was and, with access to the arresting officers report from a year ago, I can prove that I wasn't arrested for not giving my name?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 3 years ago.
While you have good evidence, your chances of getting the case dismissed by the prosecutor on your own are low. Prosecutors do not like to dismiss cases at all and only do so when they are facing the possibility of losing at trial, which isn't an issue right now. If you hire or get a lawyer appointed then your chances improve dramatically because the prosecutor know that the attorney can force them to trial quickly.

In addition, by trying to present this evidence yourself you give up a very valuable piece of information without getting anything in return. A lawyer can get the DA to agree that, if he can prove what you said, then they will dismiss the case. At that point the lawyer shows the video.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26934
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
What would prevent ME from getting the DA to agree to dismiss the case if I can prove what was said? Are you just saying that a real defence attorney would be more respected?
Expert:  Dwayne B. replied 3 years ago.
Nothing would prevent it. In theory it should work just the same but in practice it does not. The defense attorney knows the prosecutor's likes and dislikes and knows how to phrase it in such a way as to "intimidate" the prosecutor to s certain extent without the prosecutor thinking that is what is being done. Also, there is a tendency for defendants to talk too much when dealing with the prosecutors. You have a very valuable advantage in that the prosecutor has to go to trial without knowing everything you have and what happens is a defendant gives away too much without getting anything in return. A good lawyer doesn't do that.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26934
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 5 other Criminal Law Specialists are ready to help you

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