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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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I was charged with a class 4 misdemeanor for public intoxication

Resolved Question:

I was charged with a class 4 misdemeanor for public intoxication in Virginia Beach, VA. My court date is next week and I'm wondering what the court process is and how I go about getting it dismissed with the judge.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of your experience. When you go to court, you will plead not guilty at your arraignment and demand a bench trial.

The judge will then ask you if you wish to represent yourself or be represented by a lawyer. Give the judge your answer.

The judge will then set a new date for a bench trial. You'll go back to court on that date and it will be for the prosecutor to prove, beyond a reasonable doubt, that you were intoxicated in public. If the prosecutor cannot prove its case, then the judge must dismiss the charge.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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