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Is there anyway to take care of a misdemeanor obstruction charge without going to court if I have never been in trouble before?
Anonymous8 views6 answers
I was with my fiance, we were asleep when they arrested him due to warrants he had. They arrested me because I was with him. They never read us our rights. I have never been in trouble before. My case hasn't even went before the grand jury to even get a court date. I know there is a nolo plea but i don't want to be put on probation if i can avoid it. He got offered drug court and because I have a pending charge they won't let us be around each other. His P.O told me to let his lawyer know all of this but it seems like nothing will help. He had the option on 5 years prison or drug court. I want to take care of my charge but don't know how. In each of our cases I feel like we are getting screwed, we have helped each other make a change for the better in the past year. Someone please help.
Sounds like you were arrested on NOTHING! My experience tells me there is a bit more to this story. IF its what you said then your case should ultimately be resolvable in a favorable way w/o probation. I reccomend you hire a lawyer and sit down with her to explain the ENTIRE story to see if she can resolve this at your next court date.
Socrates
People don't get arrested for obstruction simply for sleepy next to the arrested person. I agree that there is more to this story you are not telling. You need to speak with an attorney about this and tell them the entire story. If this is actually the entire story with nothing left out then your case should be dismissed entirely.
Minerva Cansino BlanchetteCriminal Defense AttorneyCartersville, GA ·
I would highly recommend that you don't just plea. There is a pre trial diversion program that you may be qualified for that would result in your charge being dismissed and restricted off your record. It is best to contact an attorney to assist you. You have many options in your case and should be aware of all of them.
No attorney can guarantee that you won't have to appear in court. The best way to approach not appearing is to hire an attorney to appear for you until the case reaches resolution.
To respond to your initial question, if the case is charged you will have to appear in court. A lawyer can usually appear for you at Arraignment or waive Arraignment on your behalf. Other than that, you would have to appear. As far as all the other information...I agree with my colleagues who said you need a lawyer to help you get through this.
You cannot handle this case without going to court. Pleading Nolo is a bad idea. You did not obstruct anything. Obstruction requires a physical act, and I don't see that in your fact pattern. Also, since this is your first offense you will probably qualify for a diversion program. Once you successfully complete the diversion program the charges against you will be dismissed, and the arrest removed from your criminal history.
