underage drinking and obstructing a police officer

[spot]

My son was at a house playing cards where some kids were drinking. He says he was not and had nothing in his hand when police walked in. The were told to go upstairs into the kitchen. There was another officer in the kitchen. Kids started leaving out the door and he did not stop them so my son left too. One of the officers new my son and at 2am I had that officer at my door giving me tickets for my son. There wasn't any breath test given. He went to municiple court and pleaded not guilty to drinking and no contest to obstruction. He never had the tickets explained to him directly. The judge is sending him to a prosecutor to see if there are grounds for a mistrail. Should he have a lawyer and does he have a good chance at proving his innocience?

 

[Tracey]

You should at least consult a defense attorney. It sounds like you were fortunate enough to get a judge who doesn't like to see people railroaded even if they're guilty. Also, son doesn't have to prove he's innocent; the state has to prove he's guilty.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 16, 2000).]