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 11 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. 


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