Legal Question in Criminal Law in Minnesota
I'm on probation,and on a no-drink,and I was walking around to bars with my Friend who was drinking,I did have a couple of drinks but wasn't drunk.We just entered a bar an ordered drinks this guy Ive had verbal issuse with before came over and grabbed me from my left side and wrapped his fists up in the front of my shirt and started throwing me around,and he wouldn't let go.I tried to hit his forearms off me with both of my arms,and I hit him in the face by accident,he's 5 to 6 inchs taller than me,so he called the cops.They questioned both of us an my friend an told us to stay away from each other,and let us go.We entered another bar later that evening an we sat down an I looked down the bar and noticed the same guy was at this bar now.I seen him open his cell to make a call,and i told my buddy we should leave.After we left that bar I immidiately went home.I get to work the next day at 7:00pm and the police officer from the night before was there and gave me a disorderly conduct ticket.I asked him why now,when last night you let me go?The officer said he changed his mind.I asked if the other guy got a ticket as well an he said he didn't need to comment on that.Ifound out later that he didnt get a ticket.Do you think I can fight this,because it doesn't help me with my probation,or look good either!I was the one that was attacked,not him,and I ended up with the ticket.
1 Answer from Attorneys
First, the probation violation is a separate issue from the charge. You can be violated for consuming alcohol regardless of whether you were charged with a disorderly conduct.
Second, you may have a defense to the disorderly conduct charge and may claim the affirmative defense of self defense. If the case is weak, the prosecution may agree to a resolution that keeps it off your record.
For Minnesota criminal defense call 612.240.8005 or visit criminal-law.tv.
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