Legal Question in Juvenile Dependency in Minnesota
assault charges
my son charged with 3rd assault fight with anouther juvenile. police misconduct and mistakes on report .juvenills names left on copy of report i have.wrong dates.left out important info.lying and misleading gave by officers can i get this dropped??
2 Answers from Attorneys
Re: assault charges
Sounds like the City of Minneapolis. Although they have been getting a lot of bad press lately, I've been hearing complaints for decades about folks being beat up or otherwise mistreated. Most of the time it has been my experience that there is little that can be done about it.
When it is the word of a juvenile in trouble against that of a police officer, the courts tend to believe the officer. The officer will come to court in his uniform looking sharp. The County Attorney will question the officer about his qualificatins, experience and awards, medals or decorations. In most cases, if it's your son's word against that of the officer, you son hasn't got a chance.
Your son has the right to an attorney and should be sure to exercise that right.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
Re: assault charges
It's not uncommon for those who are charged with an offense to take issue with the details of police reports. Not only because sometimes details (times, dates of birth, exact location, etc.) can be wrong, but more importantly, the police are reporting only their version of what occurred - whether they witnessed the event(s) or not. Simple errors in reports generally are not going to be a sufficient basis to get charges dismissed. Inaccuracy of facts that are critical to the charges are important, though. An issue that often arises in 3rd degree assault cases is whether whatever injury allegedly sustained by the victim actually rises to the level of seriousness that is required to meet the 3rd degree standard. Often it is a fine line between a 3rd degree assault (a felony if committed by an adult) and 5th degree assault (a misdemeanor if a first offense by an adult). Additionally, your son may have other defenses. Any attorney that you speak with will need to know a great deal more about the specifics to assess how to best approach his defense. You are welcome to call me and many attorneys who practice in this area will gladly speak with you about it for no charge.
Good luck.