Legal Question in Criminal Law in Minnesota

Flicking a cigarette butt into the road - not from a moving vehicle

Im 22 years old and stopped at my girlfriends house when her brother was having a party. There was underage drinking going on and a neighbor called the police. When they came they were discussing the situation w my GF. I was standing in the driveway and I flicked a cigarette butt in their direction. It landed about 3-5 ft from where they were standing. The police told me to pick it up but b4 I could, another police car arrived and drove over it. I asked him what he wanted me to do, he asked for my ID and before I could extend my arm, they grabbed me and cuffed me - took me to jail,didn't book me until 4am then charged me with littering. Do I need an attorney right away or should I just go to court on the scheduled day and ask for a dismissal? If they don't dismiss can I have my court case rescheduled for a later date to allow me time to get an attorney? I've never heard of being cuffed and taken to jail for tossing a cig butt however, after more investigating I now know it is considered a misdemeanor. Also, why would they book, photo and print me for BCA prior to my conviction - what do I have to do to get that info dropped from BCA records? Court is 9/19/06 hopefully I'll hear from someone b4 then.

Thanks


Asked on 9/15/06, 11:37 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Flicking a cigarette butt into the road - not from a moving vehicle

I was able to find Minnesota misdemeanor littering crime statutes relating to roadways and state parks and lands, only - after a cursory research effort. Those don't appear at first glance to apply to your reported facts. There could be a city ordinance. You might want to check for that, for whatever city was involved.

Although police can arrest for a misdemeanor committed in their presence, there is a court rule of criminal procedure that can be argued does not allow police to effect a full custodial arrest where basically there is no need (see rule for actual criteria). It might be possible to get the charged dismissed based upon an unlawful arrest, as a result. You'd need a lawyer to help you with that.

AS for your "booking" data (photo, fingerprints etc.), I don't think that would trigger a BCA record for that alleged offense. Also, if you get the charge dismissed, you could bring an expungement action to seek a court order to have all that returned to you, and records of it destroyed.

It is better to have a good criminal defense lawyer representing you, from the beginning, especially if you want to keep your records as clean as possible. You could go to court the first time without a lawyer, to see if prosecutor will dismiss, than if not, retain a lawyer before the next court appearance.

Give me a call if you'd like to discuss me helping you.

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Answered on 9/18/06, 4:42 pm


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