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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23194
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was caught with open container in the street, A cop pulled

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I was caught with open container in the street, A cop pulled me aside to get my information. I gave him all false information then ran. My friend was there and he gave the cop all my real info. Knowing I had no choice I turned myself in and got charged with obstruction of justice. I am in Montana and this is a misdemeanor. I have no prior charges. The law says maximum of $500 and or 6 months jail time. What do you think will be my actual fine/jail time.

My name is XXXXX XXXXX I am a criminal lawyer.

If this is your first arrest, since it is a non-violent charge, as long as you make all of your court appearances and follow any directives given to you by the judge, you should not have to worry about going to jail on this case. The worst case scenario here is likely misdemeanor probation.

Nevertheless, a conviction will give you a criminal record which can get in your way big time on the employment and housing fronts. For those reasons, you ought to show up with a lawyer on your court date and see if he can negotiate a deferred adjudication or something else that can keep this matter off of your criminal history.

A deferral is something like probation except that when you've satisfied all of the conditions of your supervision, the case gets dismissed. The prosector decides for him or her self who can get a deferral. But you would appear to be eligible and it would not be an unreasonable disposition for the state to offer.

If you can't afford a lawyer you should plead not guilty at your arraignment and then ask the judge to appoint you a public defender.
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