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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27755
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was arrested intoxication and disorderly conduct.

Customer Question

I was arrested for public intoxication and disorderly conduct. I was at my home in my yard drunk. Someone called an ambulance I refused to go to hospital but was taken anyways. While I was there I refused medical attention and was arrested for annoying staff and not obeying medical staff. I don't have a record what is my options?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello, You get the same two general options that every defendant gets. You can take a plea offer or if you think that you did nothing wrong, you can fight the case all the way to trial. if necessary. Public intoxication and disorderly conduct are class C misdemeanors in your state. A class C is the lowest level criminal offense your state has. But still, it can get you a misdemeanor conviction and up to 30 days of jail if your case handled incorrectly. With a lawyer, if you have no prior criminal offenses, you can likely get this resolved in some way that could keep a conviction off of your record if you wanted to resolve this with a plea. If you want to try this case, which would probably not be a good idea, you should have a lawyer as well for best results. If you can afford a lawyer, have him with you at your first court date, so that he can confer with the DA, and give you the information about your case that you'll need to be able to make an intelligent decision about how you want the case to proceed. If you can't afford a lawyer, plead not guilty when you are arraigned in order to keep your rights open. Then you can ask the judge to appoint you a public defender, who will take matters from there. If this doesn't touch on what you wanted to know, please reply here on this question thread and I will add to my answer.
Customer: replied 1 year ago.
I've already been to my arraignment I was told by judge come back may 11 and it'll be disposed of. I didn't plea anything
Expert:  Zoey_ JD replied 1 year ago.
Thank you. Your judge has let you know that there will be an offer available on May 11. If you like the deal, you can plead to it if you want, and once you successfully complete the sentence, the matter will be closed. If you don't like the deal, you can have a lawyer try to negotiate a better one for you, or you can fight the case. You are never required to take a plea. And you're never required to go to trial.
Customer: replied 1 year ago.
Do I stand a chance at having it dismissed?
Expert:  Zoey_ JD replied 1 year ago.
Not on the merits. From what you said, you were in public and you were drunk and disorderly, which is why the police got involved in the first place. The prosecutor could give you an adjudicated dimissal. That's a special kind of disposition where you'd be supervised, have to stay out of trouble, perform community service and fines, and then once you've finished that successfully, the charge would be dismissed so that you didn't have to carry a conviction on your record. Something like that kind of a dismissal could likely be negotiated. I'm turning in for the evening, so if you have a follow up, just type it here and I'll answer first thing in the morning.