What are my rights if I was recently arrested for public intoxication outside my apartment after tripping and falling on very rough and uneven pavement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I was recently arrested for public intoxication outside my apartment after tripping and falling on very rough and uneven pavement?
I didn’t just spontaneously fall over. I read about the public intoxication laws in my area and found that this type of arrest is to be made if someone is putting people in danger or being obnoxious. I wasn’t making any noise or bothering anyone, and was actually on my way to my room when this occurred. Is it worth it to try and fight this case at all, or should I just plead guilty and pay a fine? This is my first offense and if there’s any way to not get a criminal record I would be so happy. Also, either way, what is the benefit of getting a public defender? Should I have one even if I do plead guilty?
Asked on March 19, 2013 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You have the right to a fair trial before a jury where the prosecution has the burden of proving your guilt beyond a reasonable doubt. I suggest you get an attorney to represent you in that you are at a disadvantage in representing yourself. Possibly you might get court probation for the offense, fined, do community service work and if you are successful, the charge will be dismissed without a conviction on your record.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.