Pontiac, MI asked in Criminal Law for Michigan

Q: Is it truly possible to get a trespassing charge dismissed?

I went to the local McDonalds where I placed my order for fresh food. Was given cold food. Asked to drive back around for fresh food. Get back to the window, given same food. Ask for a refund was given partial refund. When told manager she didnt give the correct refund. She threatened to call the police because I gave her money back. Manager told police I threw money at her. Offer report states he watched video and I didnt appear to throw money at her. But I was arrested and given a ticket on site becaus I refused to leave without my last money for food.. I filed a complaint against officier same night. Officers brought money to station which was not the correct refund. I requested a jury trial but nervous and think I may need an attorney because I dont have a clue how to represent myself. Who can help me?

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: "A person who represents himself has a fool for a client." Trained attorneys hire other attorneys to represent them when they find themselves in trouble. DO NOT attempt to run a jury trial alone. You need to contact a local criminal defense attorney quickly, or ask the court to appoint you one. You have multiple issues you are seeking to address, none of which legally have much to do with the other. You are going to trial on a trespassing charge, and so you need to focus on the specific elements the prosecutor will seek to prove and how you are going to defend against those. Those elements - and only those elements - are what a jury can consider in deciding your guilt.

In a trial, there are specific rules to follow. And you will be held to the same rules as an attorney. Those rules cover what questions you may ask, how, and when. The real tricky part in representing yourself is that you cannot testify as part of your examination of the prosecution's witnesses.

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.