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I was given a ticket for obstructing legal process simply because I refused to get back in the car, is this a joke? jail time?
Anonymous6 views7 answers
My sister was driving and parked outside our local grocery store, I got out and when i looked up I saw the cop car with the lights on, the officer asked me to get back in the car I refused because I did not know what was going on, after a few times of telling him respectfully, "sir I am going grocery shopping I have my ID I can give it to you but i do not need to get back in the car." He said ok and put me in handcuffs and handed me a ticket for obstructing legal process. What should I do, can i rely on a public defender?
You should definitely fight these charges. You have been charged with a misdemeanor which is punishable by up to 90 days in jail and or $1000 fine. While it is unlikely that you would receive a jail sentence if found/plead guilty, you definitely want to fight these charges and try to get them removed from your record. Sit down with a qualified Minnesota criminal defense attorney as soon as possible to discuss your case.
amuel John EdmundsDUI / DWI AttorneyMendota Heights, MN ·
No don't rely on a public defender. They are always great lawyers, but you want to hire somebody who can dedicate maximum time and effort to your case. The cops sometimes get a little overzealous with their obstruction tickets. You need to have an aggressive and experienced defense. You do not want a criminal conviction from something like this. Hire one of these lawyers.
You certainly should fight this. Can you rely on a public defender. ... Yes, they are layers just like us; however, what's most important is that you are comfortable with who you have representing you. It's true a public defender may have a much larger case load and less time to devote to your case. It's sounds like you may have done reservations about a public defender, so you probably owe it to yourself to contact a few private attorneys to see if you are more comfortable, and confident, with one of them.
I wish you the best of luck.
Public defenders are some of the best attorneys in the system. The trouble many folks face is that Public Defenders are chronically overworked and have been given extremely high case loads. This limits their ability to as effective as they can or want to be. Private attorneys have a much smaller client base and will have much more time to devote to you and your case. From what you describe, you want to be proactive and meet with a lawyer to discuss your options.
The police reports can be interesting in such a case. Certainly, an obstruction charge can have a significant impact on your record and should be taken seriously. To prove an obstruction charge, the state must prove, beyond a reasonable doubt that a person
(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense;
(2) obstructs, resists, or interferes with a peace officer while the officer is engaged in the performance of official duties;
It would seem you have a good defense. However, you should have experienced counsel. Contact a lawyer on for a FREE consultation.
I dont believe the officer can seize you under these circumstances unless it was a serious situation such as a felony stop. Freezing the situation is not always permissible but we need to know more.
I urge you to secure an attorney. Your attorney is performing a personal service so it is very important that you feel a sense of trust and confidence. Your attorney will review the full facts. Tricia Dwyer Esq.
