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Piecefillpath247
Stranger and Stranger Still


Registered: 09/06/12
Posts: 417
Loc: Maybe
Last seen: 5 years, 1 month
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In need of legal advice
#18019659 - 03/27/13 03:46 PM (11 years, 1 month ago) |
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I received a Assault and battery charge and a DUI charge three years ago and have been on probation since that time, probation is over may 19th.
Two Thursdays ago I went out to the bars with some friends and got a little too drunk, so I left around 1:15. I walk back to my car parked behind my place of employment to crash out and sober up for awhile.
As soon as I get in my car I throw my keys under my seat because I've heard the police have been known to attempt giving DUIs whenever they find keys within reach.
As soon as I lean my seat back to go to sleep the police turn on their lights behind me, the first thought in my head is "fuck"
The officer approaches and asks me to exit the Vehicle, i comply, he asked to search my vehicle, i comply, he asks to feild sobriety test and BAC test me, I say I want to speak to a lawyer. They hall me into the city jail on a public intox charge, start asking "booking" questions, my only reply is I want to speak to a lawyer, repeatedly. This made them very unhappy.
They start threatening me with this in that IE not cooperating with officers of the law etc.
They strip me of my clothes and throw me in one of those cold ass cells.
they keep me their til 9 pm the next day, I give them booking information, and slip up on the "whens the last time you drank heavily question" and being a smart ass (or dumbass in this case) I jokingly reply last night of course. ugh.
how fucked am I?
lawyer up or take what may come, etc?
-------------------- "The only way to make sense out of change is to plunge into it, move with it, and join the dance" -Alan Watts
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Crystal G



Registered: 06/05/07
Posts: 19,584
Loc: outer space
Last seen: 11 months, 23 days
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Quote:
Piecefillpath247 said: They hall me into the city jail on a public intox charge, start asking "booking" questions, my only reply is I want to speak to a lawyer, repeatedly. This made them very unhappy.
They start threatening me with this in that IE not cooperating with officers of the law etc.
They strip me of my clothes and throw me in one of those cold ass cells.
I'm no lawyer, but this shit does not sound legal. If you ask for a lawyer, they are supposed to provide you with one or allow you to get your own attorney, and stop asking questions.
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fapjack
Title



Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 4 years, 2 months
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Can you drink while on your probation? What is the court date? You have a few options.
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fapjack
Title



Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 4 years, 2 months
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Re: In need of legal advice [Re: Crystal G]
#18019685 - 03/27/13 03:52 PM (11 years, 1 month ago) |
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Quote:
Crystal G said:
Quote:
Piecefillpath247 said: They hall me into the city jail on a public intox charge, start asking "booking" questions, my only reply is I want to speak to a lawyer, repeatedly. This made them very unhappy.
They start threatening me with this in that IE not cooperating with officers of the law etc.
They strip me of my clothes and throw me in one of those cold ass cells.
I'm no lawyer, but this shit does not sound legal. If you ask for a lawyer, they are supposed to provide you with one or allow you to get your own attorney, and stop asking questions.
They threw him in the drunk tank, its happened to me a few times.
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Piecefillpath247
Stranger and Stranger Still


Registered: 09/06/12
Posts: 417
Loc: Maybe
Last seen: 5 years, 1 month
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Re: In need of legal advice [Re: fapjack]
#18019722 - 03/27/13 04:00 PM (11 years, 1 month ago) |
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The court date is set for April 10th, I am looking through my papers now to see if I was prohibited from drinking still, been so long I can't remember.
Would it be possible for me to...
A) claim private property since I was at my place of employment and we serve alcohol, and I am allowed to be drunk on private property?
B) Claim some kind of entrapment since they were waiting for me to get into my car (they wanted to get me for DUI soon as I pulled out I figure)
C) Draw out my court date until after my probation period is over? or is that just wishful thinking?
-------------------- "The only way to make sense out of change is to plunge into it, move with it, and join the dance" -Alan Watts
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fapjack
Title



Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 4 years, 2 months
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C) Draw out my court date until after my probation period is over? or is that just wishful thinking?
That's what I would do, call them and try to get it rescheduled right away. Tell them you are busy and can they make it the next month. They might not be able to, but don't worry about that. Then wait a few weeks and call them again and try to reschedule. Tell them this time you are looking for a lawyer and if they can delay it 2 more weeks. If they say no, get a lawyer to do it for you. That or you can try to talk to the prosecutor.
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Beefy1
GONE


Registered: 05/01/09
Posts: 3,573
Loc: around
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Re: In need of legal advice [Re: fapjack]
#18019770 - 03/27/13 04:11 PM (11 years, 1 month ago) |
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Won't they just go by the date the offense was commited?
If OP was prohibited from drinking on probation.
I know several people who have gotten DUIs while trying to sleep it off in a car. One guy didn't even have any keys, I took them.
I don't know if there's anyway you can win when a pig finds you sleeping in a car and obviously drunk.
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fapjack
Title



Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 4 years, 2 months
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Re: In need of legal advice [Re: Beefy1]
#18019776 - 03/27/13 04:13 PM (11 years, 1 month ago) |
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They probably won't know about it if he isn't convicted of a crime, they could find out about it though. It really depends on where he is on probation and where he got the offense, the further away it is the better.
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pwnasaurus
Stranger



Registered: 07/16/08
Posts: 12,317
Loc: Canada
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Re: In need of legal advice [Re: fapjack]
#18019780 - 03/27/13 04:14 PM (11 years, 1 month ago) |
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Quote:
fapjack said: C) Draw out my court date until after my probation period is over? or is that just wishful thinking?
That's what I would do, call them and try to get it rescheduled right away. Tell them you are busy and can they make it the next month. They might not be able to, but don't worry about that. Then wait a few weeks and call them again and try to reschedule. Tell them this time you are looking for a lawyer and if they can delay it 2 more weeks. If they say no, get a lawyer to do it for you. That or you can try to talk to the prosecutor.
How would that help at all? The legal system isn't completely retarded. They will look at the date of the infraction, not the current date.
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fapjack
Title



Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 4 years, 2 months
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Re: In need of legal advice [Re: pwnasaurus]
#18019784 - 03/27/13 04:16 PM (11 years, 1 month ago) |
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The system is that retarded. He isn't guilty of an open container until after he sees the judge.
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VivaLaMushie
RIP LS :(


Registered: 07/23/12
Posts: 15,711
Loc: Switzerland
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Re: In need of legal advice [Re: fapjack]
#18019808 - 03/27/13 04:21 PM (11 years, 1 month ago) |
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Out here, if they even see you get in your car while intoxicated, its DUI for sure. Even if you don't start the car.
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Soluminia
The mind is god



Registered: 03/18/11
Posts: 3,978
Loc: CO
Last seen: 22 days, 11 hours
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Ask Enlil and see what he has to say about it.
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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This thread was moved from The Pub.
Reason: .
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fbi365
Captain of the Sinking Ship



Registered: 02/07/11
Posts: 2,857
Loc: Nowhere
Last seen: 7 months, 27 days
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Re: In need of legal advice (moved) [Re: johnm214]
#18020071 - 03/27/13 05:08 PM (11 years, 1 month ago) |
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That's a long time to draw out your court date. The prosecutor, could in the meantime contact your po.
I know it's too late, but why not just take a cab home? Why pass out in a car an leave yourself open like that. They could have tried to nail you with a DUI. Intent to drive intoxicated blah blah. The public intoxication thing is tricky. Don't think it matters that you were outside of your work. You were passed out in a car. I guess, you could get it dropped because you were sleeping in your own property, but I don't know how that works with public intoxication...
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fapjack
Title



Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 4 years, 2 months
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Re: In need of legal advice (moved) [Re: fbi365]
#18020096 - 03/27/13 05:12 PM (11 years, 1 month ago) |
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Prosecutors don't just call up probation all day asking if so and so is on probation. A shit ton of people go through there, and a lot of times open container doesn't even require a court appearance.
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Piecefillpath247
Stranger and Stranger Still


Registered: 09/06/12
Posts: 417
Loc: Maybe
Last seen: 5 years, 1 month
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Re: In need of legal advice (moved) [Re: fapjack]
#18020137 - 03/27/13 05:22 PM (11 years, 1 month ago) |
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Just to clarify I had no container or anything else on me at the time, the charge is public intoxication
-------------------- "The only way to make sense out of change is to plunge into it, move with it, and join the dance" -Alan Watts
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fbi365
Captain of the Sinking Ship



Registered: 02/07/11
Posts: 2,857
Loc: Nowhere
Last seen: 7 months, 27 days
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Re: In need of legal advice (moved) [Re: fapjack]
#18020144 - 03/27/13 05:23 PM (11 years, 1 month ago) |
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All they have to do is look at his record. 100% guaranteed they do that. There is a whole govt apparatus that goes into criminal prosecution. I'd say there is a chance his po finds out.
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fapjack
Title



Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 4 years, 2 months
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My friend is in a similar situation to you, but he got an open container and he's not off of probation until a few months. I mean its up to you. If you have the money it might be worth it to talk to a criminal lawyer. Also try and find out if you are aloud to drink under the terms of your probation. You weren't driving drunk, you were sleeping in your car. You can always tell your PO you didn't want to drive drunk and were gonna wait til early morning to try and call someone to pick you up or til you sobered up.
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ch1ck3n.s0up
Troubled Loner



Registered: 10/03/08
Posts: 2,573
Loc: Hunting Fungi
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Re: In need of legal advice (moved) [Re: fapjack]
#18020921 - 03/27/13 08:48 PM (11 years, 1 month ago) |
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I don't think that you're that fucked.
Honestly this sounds like police "preventative medicine."
They thought that you were going to drive away, and decided to nip it in the bud before you got on the road.
In the future if you're going to crash out in your car for a little while don't do it in the driver's seat. Do it in the passenger's or back seat.
-------------------- "Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station "Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Quote:
Piecefillpath247 said: I received a Assault and battery charge and a DUI charge three years ago and have been on probation since that time, probation is over may 19th.
Two Thursdays ago I went out to the bars with some friends and got a little too drunk, so I left around 1:15. I walk back to my car parked behind my place of employment to crash out and sober up for awhile.
As soon as I get in my car I throw my keys under my seat because I've heard the police have been known to attempt giving DUIs whenever they find keys within reach.
As soon as I lean my seat back to go to sleep the police turn on their lights behind me, the first thought in my head is "fuck"
The officer approaches and asks me to exit the Vehicle, i comply, he asked to search my vehicle, i comply, he asks to feild sobriety test and BAC test me, I say I want to speak to a lawyer. They hall me into the city jail on a public intox charge, start asking "booking" questions, my only reply is I want to speak to a lawyer, repeatedly. This made them very unhappy.
They start threatening me with this in that IE not cooperating with officers of the law etc.
They strip me of my clothes and throw me in one of those cold ass cells.
they keep me their til 9 pm the next day, I give them booking information, and slip up on the "whens the last time you drank heavily question" and being a smart ass (or dumbass in this case) I jokingly reply last night of course. ugh.
how fucked am I?
lawyer up or take what may come, etc?
Did you get a ticket for Public Intoxication? Or did they just tell you they were going to charge you? They might not actually have charged you.
If they did charge you, here are some things to consider:
1. It doesn't matter when it gets to court. It matters when the conduct occurred...so it's a violation of probation even if you're not convicted until months after your probation is up.
2. Having said #2, a public intoxication charge may or may not be a violation of probation. That depends on the nature of the charge. Many times these are "infractions" instead of misdemeanors, and it won't necessarily violate your probation.
3. Since you were on probation for dui, you may have had some condition relating to alcohol. The drinking alone might have violated that condition regardless of whether or not you're charged. This isn't likely though
4. Even if you're totally fucked on all of the above, it's still unlikely that they would violate you for this...particularly this late in your probation. At worst, I would expect them to extend your probation another 6 months. More likely, they will simply overlook this violation and let it expire in May. This assumes that you haven't violated before.
PS - The cops aren't required to give you a lawyer if you ask for one. They're only required to stop questioning you if you do.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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