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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3804
Experience:  Experienced in state and federal criminal litigation.
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I was arrested for public intoxication in Oklahoma but just

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I was arrested for public intoxication in Oklahoma but just had to spend 6 hours in jail and was released is that a misdameamor charge? They didn't ticket me and I didn't have to pleas or see a judge but had to pay a 200 fine and was released. I'm from Dallas and will this effect anything record wise for me? Thanks.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 3 years ago.
First off, public intoxication is a misdemeanor, and not considered to be a very serious one. They probably held you for 6 hours to give you time to sober up, since they won't release an intoxicated person. If you did not see a judge or enter a plea, the money you paid was not a fine - it was most likely bail. As with any criminal case, even speeding tickets, this will be on your record. Public intoxication is not a serious offense and is unlikely to affect you in the future. Assuming you are formally charged, you will receive notice in the mail regarding when and where to show up. Keep in mind that simply being arrested does not mean that you were formally charged. The DA could decide not to accept charges (although they most likely will). My suggestion would be to call the DA's office next week and find out if/when you have a court date. It is very important that you keep track of these things and you don't miss your court date.

Ultimately, this is not a very serious charge, and will probably result in a small fine ($50-300 dollar range). IN fact, you will be able to apply your bond money to pay your fine.
Customer: replied 3 years ago.
Being from Dallas and it not being such a 'serious' charge is it possible then they would not accept the charges? It was in McCurtain County Jail Idabel, Oklahoma. It was a PI at a campground and I did check the receipt and you're correct it was 200 bail. One other question, Now since this happened in a different state and it not being a serious charge does a charge like this go on record per state charge or would it show on record here in Texas as well? Great info so far! Thanks!
Expert:  TexCrimLawyer, J.D. replied 3 years ago.
You being from out of state will have no impact on whether they accept the charges. In all reality, the DA doesn't even look at where the defendant is from on low level offenses like this.

As for it going on your record, it really depends on the whether the state reports convictions. States are supposed to report convictions to the FBI, who has a department that acts as a central database for nationwide convictions. However, many states or counties don't report low level offenses like this to the FBI. I would assume that they would, since most do, but, still, some don't. You would need to find out from the DA if his county reports PI's to the FBI.
Customer: replied 3 years ago.
Thanks for your help so far. I have another follow up question since I've talked to the DA's office. They said that it will appear on my record and they do report them. I have a court date of April 28th. Seeing that I really don't want this to be on my record I'm assuming if I see a judge then do you think that I would have the opportunity to get Deferred Adjudication? Also, to receive Deferred do I have to plead guilty or can I plea no contest? Thanks.
Expert:  TexCrimLawyer, J.D. replied 3 years ago.

Your best bet is to speak to the prosecutor to ask for a deferred. The prosecutor can agree to the deferred, making it more likely that the judge will grant it. That said, even if the prosecutor doesn't agree, if the judge determines that a deferred is appropriate, then he can give it to you over the prosecutor's objections.

You can plead guilty or no contest and still receive a deferred. In reality, unless there is a civil case too, pleading guilty or no contest doesn't make a difference.

 

If that answers your question, please click the "Accept" button (that's how I get credit for my answers). Also, bonuses are always appreciated.

Customer: replied 3 years ago.
If deferred is granted, which I'm assuming would probably be a 6 month probation period, and obviously I can complete that seeing I'm not from Oklahoma will the charges be dismissed and removed from my record?
Expert:  TexCrimLawyer, J.D. replied 3 years ago.

Once all conditions of your probation have been fully satisfied and the case has been dismissed, the court records may be sealed/ The statute requires court clerk's offices to delete the defendant's name from the docket sheet, expunge the public filing of the charge, and keep a separate and confidential index of the case. In most court clerk's offices, the process includes the removal of the defendant's file from the main file area. Additionally, the court information will be redacted from the clerk's computer and also from any public access website such as the Oklahoma Supreme Court Network (OSCN). As a result, when the defendant's name is XXXXX XXXXX at the courthouse or by computer, no information regarding the expunged case will be found. However, if the defendant's case number XXXXX XXXXX some information regarding the case may still be available. In most cases, any information specific to the defendant remains undiscoverable.

Expert:  TexCrimLawyer, J.D. replied 3 years ago.
Is there anything else I can do for you?
Customer: replied 3 years ago.
Not sure if my last question went through or not? Sorry if I'm repeating this one.
I was charged with a Class C Misdemeanor Assault by contact and it will be 2 years this August since that had happened. I received Deferred Adjudication and completed my 6 month probation period last year. I was wanting to start the expungement for this charge starting in August since it will be 2 years since the incident. Will this PI I picked up in Oklahoma delay me starting that expungement if I receive a deferred for the PI since it's two different states?
Expert:  TexCrimLawyer, J.D. replied 3 years ago.

I don't think your question did go through, because that was the first time I've read it.

 

To answer your question, no, your prior Class C won't make a difference.

 

I hope that answers your question. If so, please click "Accept." Good luck.

Customer: replied 3 years ago.
Just want to make sure I understand what you're response is.
So, this PI misdemeanor will not delay the start of me processing my expungement for the Class C incident this August from 2 years ago?

Expert:  TexCrimLawyer, J.D. replied 3 years ago.

That is correct.

Please click the "Accept" button.

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3804
Experience: Experienced in state and federal criminal litigation.
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