Legal Question in Criminal Law in Minnesota

I am 20 1/2 years old. 5 weeks ago, I was 500 yards from a bar and talking on my cell phone by the railroad tracks. I got off the phone and a police officer came up in his car and got out. He asked me to see my ID and I had a fake ID- he handcuffed me and put me in his car and asked if I was drinking. I said yes and I blew a .9. He kept telling me all along we can do this the easy way or the hard way and I cooperated throughout. He gave me a citation- I was walking and asked if he could give me a ride home and he said no. As I was walking home I looked at the citation as he did not tell me why he had stopped me and I was so caught off guard and scared to ask. My citation said- 1. Urinating in public. 2. minor in consumption 3. using a fake ID. Here is the truth- I was not urinating in public and the cop said nothing about this- if he would have said anything- I would have showed him the area where I was talking on the phone and he could have checked that there was no urine there. I had been in the bar and had a fake ID- I have never done this before and have no criminal record for any offense. I called the court house as my citation did not state a fine but said that I would have a court date. When I called and gave my name and DOB, they said there was nothing in the system and that it must have been dropped. Yesterday- I received a court appearance order in the mail that I have a court date for December 19- It showed the wrong person's first and middle name on the court appearance but had my last name. My citation was included on the second form.

My question is this- I feel that the police officer practiced by entrapment and was not honest at the beginning- I did not urinate in public but I did have a fake ID and had been in the bar. I was not causing any disturbance and was not in the bar at that time and on my way to go home. Please advise as I believe that I should get a defense attorney to help me with this case and wondering what the probability would be for getting this off my record?? I understand the mistake that I made but I also believe that the police officer made a mistake as well- Please advise


Asked on 11/22/14, 9:29 am

3 Answers from Attorneys
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

First, you ought not post details of your criminal legal problems on a public website. I do urge you to confer privately at this time with an experienced attorney so she may assist you and advise you. You are on the right track to know that you maintaining a clean criminal record is an important aim. Tricia Dwyer Esq Minnesota Criminal Defense Attorneys Tricia Dwyer Esq & Assoc PLLC phone 7 days til 6 p.m.: 612-296-9666

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Answered on 11/22/14, 9:39 am
Samuel Edmunds Sieben Edmunds Miller PLLC

I would definitely suggest retaining a lawyer to help you through this. Often, there are possibilities for keeping offenses like this off of your record. If you are in fact innocent of one or more of the charges, then perhaps we would fight the case at trial, and demonstrate your innocence. You are a young person, and you're facing criminal charges. You do not want a criminal conviction on your record as you begin your adult life and try to obtain gainful employment and start a career. You must appear in court on the date you were provided. This is not the type of citation that you can simply pay off without going to court. Get yourself an experienced attorney before court.

(651) 994-6744

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www.siebenedmunds.com

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Answered on 11/22/14, 9:41 am
Maury Beaulier612.240.8005 Minnesota Lawyers

It is clearly not entrapment. However, there may certainly be defenses to the charge of urinating in public.. Moreover, if you have a clean record, you may be able to avoid any type of conviction with an agreement to stay prosecution. You should retain counsel. For a consultation call 612-240-8005.

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Answered on 11/26/14, 6:14 am


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