Chaska, MN asked in Criminal Law and Traffic Tickets for Minnesota

Q: I was only talked to early November but just got a citation late January. Issue date is back then?

A cop told me early November his video player wasn’t working but I may be charged with a gross misdemeanor for passing a bus arm. I do not recall the bus even being stopped. Late January, three months later he brought over a citation and the issue date is November. He still hasn’t shown me the video and I have to go to court now. This doesn’t make sense and I also read the Policy Regarding Video/Audio Transcripts. What should I do? Bring it to trial? How do I fight this?

Related Topics:
2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: How we defend a person at trial depends upon all of the facts and circumstances - the more the better - generally only available when defense attorney of record. In general though, most people want an outcome that will keep the violation or offense off of their public court record (and so drivers license record too, as a result). That is why we defense counsel normally focus on both getting the desired outcome by settlement agreement if possible, and simultaneously prepare for the trial that may come. The trial is a source of strength for the defense.

Luke Neuville
Luke Neuville
PREMIUM
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Yes, you should try and fight it. You are presumed innocent and the state will be required to present evidence at trial in order for you to be convicted. Call a few lawyers that offer free consultations to discuss your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.