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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
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I was arrested a month ago and charged with public intoxication

Customer Question

I was arrested a month ago and charged with public intoxication but during the arrest, I never get tested or asked for a breath or a chemical test.
It was on the weekend of 4th of july . I went out clubbing with bunch of my friends and got a couple of drinks at the beginning of the night and everything was good till at the end of the club. Like usual after the club , we chilled out and mingled outside of the club. there were a group of people who were outside the club who were singing and jumping i think they were some soccer fans . and the police asked people to evacuate the street and it was when I and my group of friends starting leaving the area that one officer pulled me back and handcuffed me . i tried to ask him what i did wrong and the only thing I heard him saying was " you are going to sleep in jail tonight" and after that he put me in a van and l went to jail. I got to know that i was arrested for public intoxication after 2 hrs spent in a cell . I ask the detention officer why I was getting charge for public intoxication while they didn't run any test on me to know if i was intoxicated or not but he told me just to sign the form for procedure reason . in the morning my friend came to bail me out. I went to talk to the legal adviser at my school before my first appearance to court and he explained to him the circumstances and he advised to plead not guilty and I did so . but the copy of the preliminary complain said that "defendant did have an odor of an alcoholic beverage on his breath , slummed speech and blood shot watery eyes. He refused a PBT when offered ". the officer never ever asked me for a PBT test. I got schedule for a pretrial conference and the legal adviser at my school advised me not to discuss anything with the prosecutor .
and this is my first ever issue with the law and I never had a traffic ticket and never got pull over.

So my question is do you think that not saying anything to the prosecutor at the pretrial conference could play against me in trial since i don't have a lawyer yet ?

Do you think i should take any deal that the prosecutor will proposed ?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

I am sorry to learn of these circumstances.

JB Umphrey :

How old are you?

JB Umphrey :

Are you being represented by a public defender?

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