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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 07-04-2002, 03:15 PM
notlikeme
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Question

Grounds For Dismissal?


What is the name of your state? Maryland

OK! Don't know if I'm in the right section or not but here it goes.
My daughter got a citation for possessing alcoholic beverage under the age of 21. She went to see a public defender and they couldn't help her because she makes too much money. Anyway when they asked her for the article/section/sub section/paragraph number of the citation they couldn't find it. Now my question is, if the article and section number is wrong on the citation is there a chance the case could get dismissed on these grounds. Just a thought so don't get on me to bad.
  #2  
Old 07-04-2002, 05:00 PM
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What is the statute noted on the citation??
Is it a state or municipal code??
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 07-05-2002, 05:41 AM
Mike101
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They will usually just amend it in court.
  #4  
Old 07-06-2002, 08:35 AM
notlikeme
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I'm not really sure what you mean by statute. But on the citation where it says County/Municipality/State of Maryland, State of Maryland is underlined.

What do you mean by amend it in court?

My daughters boyfriend which is 21 also got charged at the same time. He was charged with suppling alcohol to a minor. His was dismissed in court because the Park Ranger wrote it up on a wrong citation. She wrote it up on a civil citation when it should have been on a criminal one. The thing is, I know both were wrong and they know they were wrong. Neither has ever been in any trouble at all and I just wish we could all put this behind us. My main concern is a record which I assume that will stay with my daughter the rest of her life. Well, enough crying.

What is probation before judgement? Does someone still have a record if this is the judge's ruling?

Thanks for everybodys help!
  #5  
Old 07-06-2002, 09:20 AM
Mike101
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If they have not be in any trouble before they should ask for a prayer for judgement(they might call it something different in your state.) With that a judge will tell them not to get into any trouble for a year or whatever and then at the end of that time period the charges are dismissed. Record will be gone also. Just make sure the judge is aware that they have never been in any trouble before and want to keep their records clean.
  #6  
Old 07-06-2002, 09:41 AM
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Join Date: Jun 2000
Location: Somnambulist University
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This is normally called 'deferred adjudication', which simply means that they plead guilty and get a probated sentence. Once they have completed their probation, the charges are dropped without any record.

However, this is not a simply matter and doesn't just 'happen'. It will require a plea negotiation with the prosecutor BEFORE trial (you don't want to plead guilty on a HOPE that this is the outcome!).
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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