False informatoin was written in a police report about me how much weight can that possibile hold in court.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

False informatoin was written in a police report about me how much weight can that possibile hold in court.

In 1999 I had a misadeimieer DUI and ended up doing four years in Prison to my shock and I am scared to death to come to court The charges are assault on an officier (spitting) and disorderly conduct

Asked on July 5, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

First of all I am unclear as to your situation.  Your previous offense could not have been a misdemeanor if you served 4 years in prison.  Misdemeanors are punishable for up to 1 year in jail; if you were in prison for 4 years than you were convicted of a felony.

As a practical matter it is assumed that a police officer is telling the truth.  This can disputed of course but witnesses or some other evidence would be needed to do so.  Absent such evidence then the charges will likely stand.  As to whether or not you are convicted of the charges is another matter.  Since you did not give details I can't say for sure what may happen in your situation.  This is where you need to consult with an attorney in your area. 

What I can tell you is that if you are convicted, given your previous offense, you stand to face the maximum versus the minimum penalty.  Again, seek legal representation.  There's always the possibility that your attorney can at get the charges thrownout or at least reduced. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption