Oklahoma City, OK asked in Criminal Law and Civil Rights for Oklahoma

Q: Is my case able to be dismissed?

I have had no criminal record until recently and im being charged with larceny of merchandise from retailer in the amount of $19.97. I switched a clearance sticker on 2 items. And Resisting an officer by jerking away after he startled me upon reentering the room angrily as where when he left he told me i was just getting a ticket.

On the original court document i received at my 1st court date the paper says " the incedent happened on or around August 2,1995." The officer wrote my birthday down as the date of incedent. I still have this original paper even though they corrected it 3 days after my court date and never made me aware. Im choosing to represent myself. Is that stupid? Help please

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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: If you have had no previous criminal arrests or convictions then a misdemeanor arrest for crimes such as these are routinely handled with the end result being a dismissal after a period of probation (Assuming you’re guilty or your attorney can’t get the case dismissed).

As far as the mistake on the date of the incident, that would be referred to as a “scriveners error” and is usually not fatal to the charges, meaning they can correct it as being a simple mistake and it will not result in any problems for the prosecution of the crime.

Finally, regarding your question whether it’s foolish to represent yourself at court? I would suggest you Google “famous Abraham Lincoln sayings regarding representing yourself in court.” I wish you the best of luck!

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