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InvisibleSociety
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Drunk in public charge (VA)
    #14568431 - 06/06/11 08:32 AM (12 years, 7 months ago)

Got a drunk in public charge very recently.  I am in a panic as I have literally never been in the court system.  I have a perfectly clean record- no parking tickets.  I have no clue how to deal with this. Top priority is to avoid having a Class 4 Misdemeanor on my record.

Many questions are flying through my head:
-Should I hire a lawyer?
-Should I ask for a public defender?
-What's the best plea to avoid the criminal record?


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OfflineHappy2fly
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Re: Drunk in public charge (VA) [Re: Society]
    #14569495 - 06/06/11 01:40 PM (12 years, 7 months ago)

If you're record is clean, the most likely outcome is that the judge will drop the charges under the conditions that you do not get caught committing a same or similar offense within the following 12 months, and then he will charge you for court costs.  If you are really that concerned about a misdemeanor, and have money for a lawyer, it couldn't hurt.  I would just take the slap on the wrist and go on with my life...

One thing you shouldn't do is miss your court date.  I had the same charge 5-6 years ago, and got arrested a few months later because I forgot to show up for court.  I was lucky enough to get bailed out the same night, but it could have been worse.


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But so does the human experience.. which is like fire, sometimes you just need to stoke the coals and sometimes you just need to add a log or reposition the log matrix. But a well built fire will be much more self-sustaining than a poorly built one, and they all need love to grow. And don't fuck around or your might burn yourself. Must always respect the fire. - Shroomism


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InvisibleSociety
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Re: Drunk in public charge (VA) [Re: Happy2fly]
    #14570676 - 06/06/11 06:05 PM (12 years, 7 months ago)

Everyone I talked to keeps recommending that I hire a lawyer, but it's expensive as fuck.  I could easily spend $1000+.

Did you hire one?

My top priority is simply not having a criminal record and having the misdemeanor dropped.  If I can do this almost just as easily without a lawyer, that would certainly save me $$$.


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Offlinec1dh3d
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Re: Drunk in public charge (VA) [Re: Society]
    #14573445 - 06/07/11 09:28 AM (12 years, 7 months ago)

Ask for a court appointed lawyer and save your money. Like said above, they'll offer up a diversion program in all likelihood.


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OfflineHappy2fly
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Re: Drunk in public charge (VA) [Re: Society]
    #14573569 - 06/07/11 10:00 AM (12 years, 7 months ago)

Quote:

Society said:
Everyone I talked to keeps recommending that I hire a lawyer, but it's expensive as fuck.  I could easily spend $1000+.

Did you hire one?

My top priority is simply not having a criminal record and having the misdemeanor dropped.  If I can do this almost just as easily without a lawyer, that would certainly save me $$$.




No I didn't hire a lawyer.  I don't think a "class 4" misdemeanor for public intoxication is really anything to worry about.  If you believe that keeping it off your record is worth $1000+ to you than get a lawyer.  I think that a court appointed lawyer would do just fine considering the fact that you have a clean record...


--------------------
The fire has many things to teach.
But so does the human experience.. which is like fire, sometimes you just need to stoke the coals and sometimes you just need to add a log or reposition the log matrix. But a well built fire will be much more self-sustaining than a poorly built one, and they all need love to grow. And don't fuck around or your might burn yourself. Must always respect the fire. - Shroomism


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OfflineAlan RockefellerM
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Re: Drunk in public charge (VA) [Re: Society]
    #14575788 - 06/07/11 06:03 PM (12 years, 7 months ago)

It would be a really good idea to keep it off your record since it is clean at the moment.  Doesn't look good for job background checks, or if you get busted for something else, etc.

Getting a court appointed attorney is a good idea.

Tell the attorney that you want them to try to get the charges reduced.

Did they test your blood alcohol level?


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InvisibleSociety
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Re: Drunk in public charge (VA) [Re: Alan Rockefeller]
    #14575826 - 06/07/11 06:12 PM (12 years, 7 months ago)

They did not test my BAC level.  When the incident occurred, I believed myself to be (relatively) sober and requested a breathalyzer test.  They denied my requests.

Apparently in Virginia, DPI charges are entirely behavioral.  All the police must do is list that I had slurred speech, smelled of alcohol, etc. for the charge to be valid.  AFAIK, the police report lists that I had 2 glasses of wine because that I what I told them....

I don't think I financially qualify for a court-appointed attorney, so I might be spending about $750 for a lawyer that specifically defends these type of charges.  :undecided:


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Anonymous #1

Re: Drunk in public charge (VA) [Re: Society]
    #14575834 - 06/07/11 06:13 PM (12 years, 7 months ago)

you should not be drinking in public, what are you doing with your life?


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OfflineAlan RockefellerM
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Re: Drunk in public charge (VA) [Re: Society]
    #14576307 - 06/07/11 07:46 PM (12 years, 7 months ago)

Quote:

Society said:
They did not test my BAC level.  When the incident occurred, I believed myself to be (relatively) sober and requested a breathalyzer test.  They denied my requests.




They do that because the breathalyzer test results would probably be more helpful to the defense than the prosecution.

Some police define public intoxication as "Anyone who is drunk enough to admit to having consumed alcohol to a cop." 

For this reason I always lie when they ask me if I have been drinking and I have.  I believe I have lied my way out of at least one arrest this way.

Telling them that you had two glasses of wine is admitting to a crime, probably not a good legal move. 

You could argue that two glasses of wine is not enough to make you intoxicated.

How did you come to the attention of the police?


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InvisibleSociety
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Re: Drunk in public charge (VA) [Re: Alan Rockefeller]
    #14576407 - 06/07/11 08:01 PM (12 years, 7 months ago)

I came to the attention to the police because I was acting "suspicious" and cops yelled at me from a distance.  In a immediate panic, I fled.  Probably sounds incredibly stupid, but I received no charge other than public intoxication.  Despite what the police said, I feel as though I would have received this charge or something similar even if I had not run.

On a side note: I have been diagnosed with anxiety/panic disorder and have a prescription to clonazepam.  I have been told that this may serve to my benefit in explaining to the court my behavior of fleeing.


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InvisibleVitalux
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Re: Drunk in public charge (VA) [Re: Society]
    #14685295 - 06/28/11 09:53 AM (12 years, 7 months ago)

Just tell the judge that you ran away from the police because with all the youtube videos that you have been watching, you were sure they were going to stun-gun-your-ass

Other than that, say you were in the park playing with the squirrels and acting like a nut


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