I recently got my court summons for a minor using tobacco ticket.

Question Details:

I was given a tobacco ticket for minor using tobacco by what the cop said as "guilty by association". I was not using tobacco when the officer arrive nor was I in possession of any tobacco products. Two other people out of the other six that were with me had a combined total of about 18 cigarettes. The cop gave two of us minor using tobacco, two of us minor possessing tobacco, and let three people go with a warning. Is there anyway that I could fight this?

Asked 10/15/2009 under Criminal Defense | 1442 View(s) | More Legal Topics

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Criminal Defense Law Answers

Mark W. Peterson / Peterson and Jerich Answered 2 years ago | Contributor This attorney is licensed in Minnesota

Enter a plea of not guilty when you go to court. You will have a trial; the state must prove that you were in possession of tobacco.

Although I do not practice law in the State of Minnesota, here are my initial impressions.  I suggest that you consult with a local attorney, who may be able to represent you inexpensively.  If your attorney obtains statements from your friends that confirm that you did not have any tobacco, the prosecution might decide to drop the charges.  Good luck.

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