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OfflinePiecefillpath247
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Registered: 09/06/12
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In need of legal advice
    #18019659 - 03/27/13 03:46 PM (11 years, 1 month ago)

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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OfflineCrystal G
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Re: In need of legal advice [Re: Piecefillpath247]
    #18019677 - 03/27/13 03:51 PM (11 years, 1 month ago)

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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Offlinefapjack
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Re: In need of legal advice [Re: Piecefillpath247]
    #18019680 - 03/27/13 03:51 PM (11 years, 1 month ago)

Can you drink while on your probation?  What is the court date?  You have a few options.


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Offlinefapjack
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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)

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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OfflinePiecefillpath247
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Re: In need of legal advice [Re: fapjack]
    #18019722 - 03/27/13 04:00 PM (11 years, 1 month ago)

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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Offlinefapjack
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Re: In need of legal advice [Re: Piecefillpath247]
    #18019729 - 03/27/13 04:02 PM (11 years, 1 month ago)

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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InvisibleBeefy1
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Re: In need of legal advice [Re: fapjack]
    #18019770 - 03/27/13 04:11 PM (11 years, 1 month ago)

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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Offlinefapjack
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Re: In need of legal advice [Re: Beefy1]
    #18019776 - 03/27/13 04:13 PM (11 years, 1 month ago)

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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Invisiblepwnasaurus
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Re: In need of legal advice [Re: fapjack]
    #18019780 - 03/27/13 04:14 PM (11 years, 1 month ago)

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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Offlinefapjack
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Re: In need of legal advice [Re: pwnasaurus]
    #18019784 - 03/27/13 04:16 PM (11 years, 1 month ago)

The system is that retarded.  He isn't guilty of an open container until after he sees the judge.


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InvisibleVivaLaMushie
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Re: In need of legal advice [Re: fapjack]
    #18019808 - 03/27/13 04:21 PM (11 years, 1 month ago)

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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OfflineSoluminia
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Re: In need of legal advice [Re: VivaLaMushie]
    #18019881 - 03/27/13 04:36 PM (11 years, 1 month ago)

Ask Enlil and see what he has to say about it.


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Invisiblejohnm214
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Re: In need of legal advice (moved) [Re: Piecefillpath247]
    #18019996 - 03/27/13 04:58 PM (11 years, 1 month ago)

This thread was moved from The Pub.

Reason:
.

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Offlinefbi365
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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)

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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Offlinefapjack
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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)

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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OfflinePiecefillpath247
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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)

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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Offlinefbi365
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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)

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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Offlinefapjack
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Re: In need of legal advice (moved) [Re: Piecefillpath247]
    #18020151 - 03/27/13 05:26 PM (11 years, 1 month ago)

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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Offlinech1ck3n.s0up
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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)

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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InvisibleEnlilMDiscord
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Re: In need of legal advice [Re: Piecefillpath247] * 1
    #18022427 - 03/28/13 04:23 AM (11 years, 1 month ago)

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.


--------------------
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InvisibleEnlilMDiscord
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Re: In need of legal advice [Re: Enlil]
    #18022462 - 03/28/13 04:52 AM (11 years, 1 month ago)

Here is the relevant text of Oklahoma's Public Intoxication statute:

"1.A person who appears to be intoxicated, and as a result of such intoxication is unconscious in a public place or reasonably appears to be in danger of harming himself or herself or others, may be taken into protective custody by a peace officer or an emergency service patrol and immediately brought to an approved treatment facility for medical or nonmedical detoxification.
2.The peace officer or the emergency service patrol, in detaining the person and taking the person to an approved treatment facility, is taking the person into protective custody and shall make every reasonable effort to protect the person’s health and safety.
3.In taking the person into protective custody, the detaining officer may take reasonable steps for self-protection. No record shall be made which indicates that the person has been arrested or charged with a crime."  http://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=84146

It looks like it's not even a misdemeanor.


--------------------
Censoring opposing views since 2014.

Ask an Attorney

Fuck the Amish

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Offlinefapjack
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Re: In need of legal advice [Re: Enlil] * 1
    #18022722 - 03/28/13 07:23 AM (11 years, 1 month ago)

I know it varies state to state, but I've gotten charged with misdermenors on probation and my PO didn't find out until after I got the charged downgraded into a disorderly persons ordinance violation.  I also got an open container in the neighboring state that I never bothered to tell him about.  I've heard similar stories of people getting charged in different counties and there POs never found out.  If it is in municipal court it isn't the same as superior.


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OfflinePiecefillpath247
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Re: In need of legal advice [Re: Enlil]
    #18023523 - 03/28/13 11:50 AM (11 years, 1 month ago)

Thanks for the help Enlil


and thanks for the advice from everyone else in the thread!


--------------------
"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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Offlinech1ck3n.s0up
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Re: In need of legal advice [Re: Piecefillpath247]
    #18023636 - 03/28/13 12:16 PM (11 years, 1 month ago)

By the way, great job in holding out for a lawyer. That takes balls man.


--------------------

"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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Invisibleluvdemshrooms
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Re: In need of legal advice [Re: ch1ck3n.s0up]
    #18023690 - 03/28/13 12:27 PM (11 years, 1 month ago)

Quote:

ch1ck3n.s0up said:
That takes balls man.




No. It doesn't.

It just means he knows when to shut up. That takes zero balls, but requires common sense.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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Offlinech1ck3n.s0up
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Re: In need of legal advice [Re: Piecefillpath247]
    #18023817 - 03/28/13 12:59 PM (11 years, 1 month ago)

Quote:

Piecefillpath247 said:
The officer approaches and asks me to exit the Vehicle, i comply, he asked to search my vehicle, i comply




Why did you comply with the request to search your vehicle?

Next time when asked to step out of the vehicle lock the door behind you and don't consent to a search.

We all know that somewhere in that car is something incriminating. It might even be in the cop's pocket before he does the search.


--------------------

"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.

Edited by ch1ck3n.s0up (03/28/13 01:11 PM)

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OfflinePiecefillpath247
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Re: In need of legal advice [Re: ch1ck3n.s0up]
    #18024112 - 03/28/13 02:07 PM (11 years, 1 month ago)

I knew my car was clean and was hoping they would just search me and leave me the fuck alone.


I went to talk to my PO today and what was said is that it's going to come down to whatever the assistant DA wants to slap me with, they used the term accelerate my deferred sentencing as a possible consequence.

Here hoping they see I was almost done with the whole deal and had no prior infractions.


--------------------
"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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Offlinech1ck3n.s0up
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Re: In need of legal advice [Re: Piecefillpath247]
    #18024261 - 03/28/13 02:37 PM (11 years, 1 month ago)

Watch this video, starting at 15:40, and through 17:30 to the end of this lesson. The scenario specifically applies to this situation.
http://www.youtube.com/watch?feature=player_embedded&v=yqMjMPlXzdA#!

Maybe take some time to watch this whole thing.

Thanks to Alan, this stuff is all stickied in this forum. I wish that people would watch/read this stuff... it's fantastic information, and there for a reason.


--------------------

"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.

Edited by ch1ck3n.s0up (03/28/13 03:16 PM)

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Invisiblefastfred
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Re: In need of legal advice [Re: ch1ck3n.s0up]
    #18065819 - 04/06/13 04:23 AM (11 years, 1 month ago)

Hopefully you learned your lesson.  You fucked up several times in this case and got a ticket and probation violation out of it.

Not smart to tell your PO BTW.


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It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy

The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed

"If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP)

I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid

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