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Misrep Of Age Need Help Please!!!

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mrcram

Guest
Ok
I was question by th police about using a fake id. the police had no evidence or anything only that i might of used one told by my freind's mother who found his fake new jersey id and thought i might of had one too. I told the police that i had made one a really bad looking one and used it once to buy a bottle of wine 2 to 3 months prier to talking with them i also said that i threw it away too. i only talked to them because after i said no i want a lawyer they called my mom and told i wasnt talking and threated to give me a felony if i didnt talk to them. they gave me a misrep of age and now i have my license suspended for a year, 20 hours community service, in adapt, and on probation. I dont have a drinking problem and it only made it to see if it worked and only did it once and threw it away. what are my options if i have any i dont really think this is right or fair please someone respond
thank you
 


calatty

Senior Member
There is a legal rule called the corpus delicti rule which basically says that you cannot be convicted of a crime if the only evidence that you committed it is your statement that you did. There must be some evidence beside the statement. It looks like your conviction was based only on your statement. If that is the case, and you were unaware that you had that defense, that might be a legal ground for withdrawing your guilty plea. Another ground might be that your statement was illegally obtained because you were denied your right to an attorney and were threatened. However, the police will probably give a different version of events. You should consult an attorney about withdrawing your plea.
 
M

mrcram

Guest
thankz but the officer did tell me my maranda rights i refused then he called my parents basically threating me with a felony charge then told me then again which i agreed. im already in a diversion program so it didnt go to trail. So can i still get the judge to drop this charge or sue? all the do have is my statement which i was under stress and they threated me.
 

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