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Wrongfully charged for littering

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bp2001

New member
What is the name of your state? Indiana.
So my friends threw a party at a campground and they called me asking to come pick them up because they were drunk. I drove there, then they ended up getting really angry with me so I just left. Basically, they completely trashed the place and ended up getting charged with littering. So tonight, the dnr come into my work and pull me off the job and ask me about my involvement and I told them exactly what had happened and they still charged me with littering. Is this even legal? Should I call the prosecutor and try to get this thrown out or would it just be easier to pay the large fine? I go to school for environmental science so I don’t know if this would effect potential jobs for me in the future?
 


CdwJava

Senior Member
Under what statute were you charged? Whether you need an attorney or not might depend on whether this is some sort of civil infraction or a potential misdemeanor.

If this is a potential criminal offense, then, yes, you should consult an attorney. And, if it is criminal and you face potential jail time, you should be able to request court-appointed counsel.

Calling the prosecutor's office won't do you much of anything. In fact, they likely will not talk to you. And, if they do, anything you say can be used against you. Ultimately, the state has to prove it's case beyond a reasonable doubt. However, until you or your attorney can get a copy of the police report and any discovery from the prosecutor's office, you do not know what that evidence might be. It could be that you are alleged to have joined them for a while or maybe contributed to the mess in some way.

It is always possible that by the time the report gets sent to the prosecutor, the prosecutor may decide not to pursue it against you. There's no way to say for sure. But, if charged, then definitely speak with an attorney.
 

FlyingRon

Senior Member
First off, it's not "wrongfully charged." That's different from being charged for something that you are innocent of. Wrongful arrest would require the police not to have probable cause that you committed the crime.

Depending on just what you are charged with your association with the drunken litterers may indeed result in your conviction. As pointed out,if these are criminal charges you should stop speaking to people without an attorney (who will almost certainly tell you not to speak PERIOD to anyone but him).

You may end up on the Group W bench in the long run.
 

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