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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
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Experience:  Experienced Criminal Trial Attorney since 1998.
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Hi. I was publicly intoxicaed at a casino and flipped over

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Hi. I was publicly intoxicaed at a casino and flipped over a kiosk which contained to tv monitors. No real damage occurred as they were still operable. Can I go to jail for something like this?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 3 years ago.
Were you charged with anything other than Public Intoxication?
Customer: replied 3 years ago.
No I was not charged with anything and told to leave the casino. I am just worried that when they review the video they will come after me....
Expert:  Legal-Guru replied 3 years ago.
Unlike most places, being under the influence of alcohol is not a crime in New York State although being under the influence of a drug or narcotic other than alcohol is a violation.

It is possible that depending on what city you were in that it could be a violation of a city ordinance. However, it is extremely rare to pursue such a minor offense such as public intoxication after the fact. I would not worry about it. If they had wanted you arrested, they would have done so on the spot. It's probably not in the casino's best interest to have customers arrested so long as they don't steal or hurt someone else.
Customer: replied 3 years ago.
I was just worried about the possible property damage coming back to haunt me.....
Expert:  Legal-Guru replied 3 years ago.
If there was property damage, I suppose that's possible although still not likely. Do they have your name and contact information?
Customer: replied 3 years ago.
Yes I gave it to them and apologized. I called them today and apologized again and offered to send them all lunch because I do not behave in this manner....
Expert:  Legal-Guru replied 3 years ago.
How did they respond to your apology?
Customer: replied 3 years ago.
They accepted the apology but said the head of security had not looked at the report yet. Could I eventually go to jail for this even though they told my friend that there was really no damage?
Expert:  Legal-Guru replied 3 years ago.
I can't say it's 100% impossible, but it's highly, highly unlikely. For one being drunk in public is not a crime in New York other than possibly a violation of a city ordinance. The statutes that criminalize destroying other people's property require that you maliciously damage or at least intend to damage their property. You obviously did not.

Furthermore, the casino has nothing to gain by reporting it. If there is any damage, I do suggest that you offer to pay for it, and chalk it up as a life lesson learned.
Customer: replied 3 years ago.
I did offer to pay for it multiple times. They continued to serve me at the casino also. Could that be their fault? I was drunk so I did not intend to damage anything even though I did flip over the kiosk....
Expert:  Legal-Guru replied 3 years ago.
I think the absolute worst that could happen would be a citation for public intoxication if you were in a municipality that has an ordinance prohibiting that. Even if that happened I am confident that the maximum possible punishment would be a fine and/or probation.

I hate to put numbers on things, but I think the chances of even that happening are less than 10%. If they had want you arrested, they would have called the police at the time.
Customer: replied 3 years ago.
Do you think that there is any possiblity of jail time? I am just worried sick! I have no prior felonies....
Expert:  Legal-Guru replied 3 years ago.
No, I am very confident that will not happen.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1347
Experience: Experienced Criminal Trial Attorney since 1998.
Legal-Guru and 6 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
I think I can sleep easier now. Thank You
Expert:  Legal-Guru replied 3 years ago.
Good, glad I could help ... we've all been there. :)

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