How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thoreau (T-USA) Your Own Question

Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
18048122
Type Your Criminal Law Question Here...
Thoreau (T-USA) is online now
A new question is answered every 9 seconds

My girlfriend cant keep her nouth quite when she drinks and

Resolved Question:

My girlfriend can't keep her nouth quite when she drinks and was just arrested for Public Intoxication last night for the 4TH TIME!!!! She is 21 has plead Guilty on the other 3 but is also in a cutody war with her ex but he has never shown up for court, so I don't think he is an issue. So any idea on wht she is facing or how to defrnd this. She was riding with a friend and he got a DWI and the police took her and a friend in for PI.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 3 years ago.
Hello! I'm sorry to hear about the situation!

Under which statute was she charged? It should appear as a series of number on any documentation that she received.

Thanks!
Customer: replied 3 years ago.

Sorry to make you wait. She said on a sheet called the "power number" it has FCS3-852706. does that help??

Expert:  Thoreau (T-USA) replied 3 years ago.
Unfortunately, that's not the statute number. However, thank you for attempting to get it.
The reason I asked for the statute number is XXXXX the statute number specifies exactly what an individual has been charged with.
It's not uncommon for an individual to refer to a charge on way when he/she has actually be charged with something different (or with numerous charges), so it's best to have someone provide the statute.

However, based on you having said public intoxication, I'm going to provide information about the statute below. If you find there's a different statute, another statute, etc. that might apply based on the paperwork, you're welcome to provide that number to me and I'll get you some more information if possible. The statute is below.

For an individual age 21 or over, public intoxication is a class C misdemeanor. The good news is that jail isn't an option for a class C misdemeanor. The bad news is that the fine can range up to $500, and a repeat offender runs a higher risk of a higher fine.
Further, if an individual has a history of substance abuse related charges, that can adversely affect a custody matter because courts look at a child's best interests in custody determinations (and as you can imagine, they often find placing children with a parent who has a substance abuse history troublesome).

There's no silver bullet defense for public intoxication. There's no way I can provide you with a defense that she can take to court that's going to defeat the charge for her. That depends on the details of the situation.
Unfortunately, she's going to need to retain an a criminal defense attorney to represent her in the matter, protect her interests, evaluate any possible defenses, etc.

I know that this may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.

Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.

(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.

(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(d) An offense under this section is not a lesser included offense under Section 49.04.

(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 25, eff. September 1, 2007.

Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 11 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Ok I'm sorry to keep going and I will accept your answers so thank you. She said that the officer never gave her a ticket. Which she claims this was odd since she has always received a paperone one in the past. So she has no idea of teh

 

Her bond was $200 but $80.00 to get out if that tells you anything.

 

Her Bond says Class C Misdemeandor, PI

 

Ok thank you again.

Expert:  Thoreau (T-USA) replied 3 years ago.
Thanks for clarifying!

You didn't really specify a new question, but I get the impression that you're wondering if I think it's public intoxication.
I can't be certain of what she's been charged with without knowing the statute. She could inquire about that with the Clerk of Court's Office and the Clerk's Office could provide her with that information if she is uncertain as to the charge.
However, if that's what she was told she was being charged with, that's probably what she's looking at. That said, the prosecutor can add charges if he/she finds that the situation supports additional charges (I'm not saying that it does but I'm just pointing this out to emphasize that she may not be fully aware of what she's being charged with, so she wants to stay on top of the matter).
While a class C misdemeanor is a relatively minor offense (again, no jail time and just a fine), she'll still have a record if convicted and substance abuse related convictions can be hurtful in a custody battle. Therefore, she should definitely retain a criminal defense attorney to assist her with the matter and protect her interests.

I know that this may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 11 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

OK one more thing I just learned from my girlfriend. The other 3 PI's were before 2009. Not sure if that matters. And here is the sad but maybe good part. Going to college and having a baby, she never did anything about the other PI's. She never had a warrant or received anything either. I ran 3 criminal background checks on her and it showed nothing at all on her. it checked local, state and even federal levels. So do you think the officer didn't show or perhaps the officer didn't write it as a PI.

 

Is there another way to check futher just to make sure?

Expert:  Thoreau (T-USA) replied 3 years ago.
I'm not sure what you mean when you say "she never did anything about the other PIs."
If she was charged, the charges shouldn't typically disappear simply because she didn't respond to them, pay the fine, etc.
She may wish to have her attorney look at the details of the prior charges to determine what might have happened. I can't really speculate as to the situation with those charges, as I know so little about them through this forum.
To determine for certain whether or not a record of a criminal charge exists, an individual could contact the Clerk of Court's Office in the county in which the charge took place. That's essentially going straight to the source, as some background checks don't go as deep as others might.
The FBI also offers a good background checking service. However, contacting the Clerk's Office directly would probably be the most thorough and cheapest method.

I know that this may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 11 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.