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Answered in 13 minutes by:
6/1/2011
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 56,064
Experience: Active member of the NYS bar since 1989
VerifiedHello Jacustomer,
I think your analysis of the situation is right on target -- the officer was probably ticked off that the Sheriff let you go. Nevertheless, police do not have to charge you with a crime at the time it was alleged to have been committed. They can take as long as the statute of limitations allows them to to file charges against you. So you're stuck with coming to court and fighting these charges.
This is going to come down to your word versus the officer. And while on the facts that you presented, you would appear to have a dismissable case, if the court papers reflect that the officer has claimed that you were ordered away from the vehicle and proceded to get the keys anyway, the case is going to proceed because that will make out the elements of at least one of the charges. As these are misdemeanor charges and criminal matters can have lifetime consequences, you should have a lawyer with you on your court date.
If you can't afford a lawyer, go in and plead NOT GUILTY when you are arraigned and if it is not dismissed, ask the judge to appoint you a public defender.
I think your analysis of the situation is right on target -- the officer was probably ticked off that the Sheriff let you go. Nevertheless, police do not have to charge you with a crime at the time it was alleged to have been committed. They can take as long as the statute of limitations allows them to to file charges against you. So you're stuck with coming to court and fighting these charges.
This is going to come down to your word versus the officer. And while on the facts that you presented, you would appear to have a dismissable case, if the court papers reflect that the officer has claimed that you were ordered away from the vehicle and proceded to get the keys anyway, the case is going to proceed because that will make out the elements of at least one of the charges. As these are misdemeanor charges and criminal matters can have lifetime consequences, you should have a lawyer with you on your court date.
If you can't afford a lawyer, go in and plead NOT GUILTY when you are arraigned and if it is not dismissed, ask the judge to appoint you a public defender.
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 56,064
Experience: Active member of the NYS bar since 1989
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