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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13291
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Last Friday 10-25-13, I was at the bar with my friends and

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Last Friday 10-25-13, I was at the bar with my friends and boyfriend. I had 2 or 3 drinks and ended up blacking out for a couple hours. When I got home I got angry for no reason, couldn't put any words together, busted down my front door (it was already half-way broken), broke a few other household things, and hit my boyfriend. He called the law because he said I wouldn't calm down. Again, I don't remember any of this. When the sheriffs got there they asked him if he wanted to press any charges and he said no. They took me to jail to hold me for 8 hours to sober up and charged me with disorderly conduct-intoxication. Everyone involved that night think I was "drugged". It is very unlike me to blackout let alone get angry for no reason and destroy things. I am currently a nursing student and I have been worried sick that I'm going to get kicked out of my program. I have a background check I am getting tomorrow but my court date isn't until 11-8-13. Will this charge show up on my background check? Also, I'm not sure if I should plea not guilty or what. This is my first offense. I have been worried absolutely sick but I'm thankful I didn't get charged with domestic violence or something.When I went to jail, did that count as an arrest? I don't remember being fingerprinted or anything and I didn't have to be bailed out. Thank you.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 11 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

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Alex J. Esq. :

It appears that you are currently offline. Please let me know when you are back online and I will be happy to answer your question. Thanks.


Customer:

I am online now

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

I am very sorry to hear about this unfortunate situation.

Alex J. Esq. :

Unfortunately, a background check would reveal this recent arrest on your record.

Customer:

I have never had anything like this happen before.

Alex J. Esq. :

Is the only charge that you are facing is "disorderly conduct?

Customer:

Yes as far as I know. That is what my citation says. I wasn't sure if it counted as an actual arrest because I didn't have to be bailed out or anything and I guess they told my boyfriend they were just keeping me to "sober up".

Alex J. Esq. :

It would be counted as an arrest, since you were charged with a crime.

Alex J. Esq. :

Some charges require bail / bond to be posted and some less serious charges do not, in order for the defendant to be released.

Customer:

Okay. When I go to court should I just plea guilty?

Alex J. Esq. :

It is never a good idea to plead guilty.

Alex J. Esq. :

If you do plead guilty, you would also have a criminal conviction on your record.

Customer:

Okay but If I plead not guilty, what would happen then?

Alex J. Esq. :

Basically, disorderly conduct is a minor misdemeanor, which is punishable by a $150 fine, but it is still a crime.

Alex J. Esq. :

So if you plead not guilty a trial will be scheduled to determine whether you are guilty or not of disorderly conduct.

Alex J. Esq. :

Also, there are some circumstances where prosecutor can elevate the charge of disorderly conduct-intoxicate to a 4th degree misdemeanor and that offense carries a penalty of up to 30 days in jail and fine of $250

Customer:

It couldn't have happened at a worse time, if it would have happened even 2 weeks later, I would probably have been in the clear because this background check is going to my school and the ohio board of nursing for when i take my state boards.

Customer:

Should I go ahead and just talk to my director of nursing at school and explain my situation?

Alex J. Esq. :

I completely understand.

Alex J. Esq. :

It would be a good idea for you to consult with a local criminal defense attorney and hopefully a local criminal defense attorney would be able to either get this charge dismissed on some legal technicality or get you acquitted at trial or at least get you into the first offender program which can help you avoid a criminal conviction, which never looks good on a person's record.

Customer:

Okay. Thank you. I've been having different people tell me different things like its "no big deal" and things but I'm already a licensed practical nurse and working on my associates and I'm pretty sure any crime is grounds for being kicked out of the nursing program, not to mention I don't want to get fired for my current nursing job. My boyfriend feels horrible for calling but he really didn't have a choice. He said he would be willing to go to court and maybe mention that he thinks I was "drugged" possibly. Would that help anything?

Alex J. Esq. :

Well, it might help, if it can be proven that you were involuntarily drugged at the time of the incident.

Customer:

I picked up a 12 panel drug test the next day and passed it. I don't think it would have been a "date rape" drug or anything because of how destructive and everything I was being.

Alex J. Esq. :

Well, any evidence or facts can be introduced at trial by your local attorney to explain your disorderly conduct.

Customer:

Okay. Well thanks so much!

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13291
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 10 other Criminal Law Specialists are ready to help you

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