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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17145
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was was taken to jail and I never knew what I was ther for

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I was was taken to jail and I never knew what I was ther for until I posted bond. Thats when I found out it was a public intoxication charge. I was stunned to learn that. I had been drinking at home wathcing a football game and after the game I tried to go to a club that I had been to once before. When I got there the front door of the club was proped open, so I walked in thinking they were open,when I saw about 8 guys that looked like bouncers sitting there. I did not hear anythin going on like music and such so I figured they were closed and turned and walked back out and to my vehicle. Just as I got to my vehicle, a police officer pulled up on the right side of my truck. I just waved at him and the next thing I know I ambeing hand cuffed shackled and searched. The only thing I said to the PO was nosir when he asked me if I had anything sharp in my pockets and yes sir when he told me to get into the back of his car. I said nothing else to him as I watched my vehicle get impounded.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Not pleasant, but between you and me, the officer may have actually done you a favor. Public intoxication is only a violation. I have linked you to the Alabama statute so that you can see that this charge is not even a misdemeanor .

As you'd been drinking, had the police pulled you over once you started your car, they could have charged you with DWI, which would have been a great deal more serious.

Nevertheless, I agree that the police may have been somewhat heavy-handed with you, and you are wise to have consulted an attorney. As you have a criminal case, you will have to win the case in order to mount a successful civil action against the police for rousting you. If you lose it, on the other hand, you could face up to 30 days in jail on a violation. So you're going to need to balance the way you were treated with your chances of prevailing at a trial for the public intox. It doesn't look like there's much evidence against you other than the fact that you may have looked drunk. Once you speak to your lawyer in depth about what happened and he sees the criminal complaint and confers with the prosecutor, he can give you a good idea of how likely you would be to win the case. You may decide to just pay a fine and lodge a complaint with the officer's superior rather than risk jail. But you'll be completely informed when you make that decision.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17145
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks, XXXXX XXXXX no criminal record so what happen if I pay the fine? Will I have a police record then?
Expert:  Zoey_ JD replied 5 years ago.
Yes and no. You can honestly say on any application that you have not been convicted of a misdemeanor or a felony, and that would be true. But the arrest and violation would turn up on a fingerprint check -- as a violation. A violation is the criminal court equivalent here of a traffic ticket. It's no real big thing, but it will be there.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17145
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you

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Zoey_ JD
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.