when arrested for public intoxication shouldnt i be read my rights??!!?

Question

to start off i am a college student in houston, i was visiting another college in "prairie view" for a volley ball tournament... "PV" won and me and a group of friends know about everyone on the team so we stayed and celibrated with them later that night...we were inside their apt. and we had a couple of drinks...well needless to say the campus police showed up and thats when things got interesting i was asked to step outside of the apt by one of the officers and when i did i was arrested for P.I. and even further more i was not read my rights. i was upset because i was not even drunk (it was only 12)...my second question is this what actually constitutes Public Intoxication...because the other student that was arrested was vomiting and didnt really know where he was...while i had only had a few drinks....

Answer 1

Dude, you can SO beat that in court. I hope you plead innocent. Get a lawyer. If you can't afford one, ask for a jury trial. By that time, the prosecutor will get a hold of you and try to get you to take a plea agreement. Try to get them to plead it down to a lesser charge (I dont know what that would be) and to have the record SEALED IMMEDIATELY. That means if a future employer looks at your criminal history, this offense won't show up. IF you can do that, then who cares if you get convicted or not? The fine will be minimal and you won't be serving any jail time. If you can't do that, go to trial.

Research this online more, but basically, they have no case whatsoever if they CANT proved that you were intoxicated. The burden of proof is on THEM, not you.

Now..They COULD tag you with underage drinking if you are under 21, keep that in mind and plan you strategy accordingly

Answer 2

Contrary to popular belief, and what TV tells you, you do not have to be read your rights just because you got arrested. Here's the skinny on Miranda.

Miranda is based on a case law - Miranda v. Arizona - and established the necessity for the police to advise a person of their rights when they are both (1) in custody abd (2) being questioned. It applies across the country, though the exact wording does vary from place to place, state to state, etc.

The police do not have to advise you of these rights unless the two above conditions are met.

So, if the police question you and you are not in custody, the police do not have to give you your rights. If you are in custody and not being questioned, the police do not have to give you your rights.

Miranda also does not apply under certain special circumstances such as when public safety could be jeopardized if you are not immediately questioned (i.e., you may have discarded a loaded gun in a public place and finding it will ensure public safety). Also, the police do not have to advise you of your rights to complete non-investigative questioning such as name, birth date and identifying information needed to complete your booking and processing.

Regarding public intoxication, in California it means that you are to intoxicated to care for yourself or others. PI here is subjective and is based on the officers opinion of your intoxication level. A person who has had one beer and can not hold there liquor well could be arrested for PI if the alcohol was significantly impairing their judgement, etc. One the other hand, a seasoned drinker who had 12 beers but was still able to function safely might not be arrested for PI.

Answer 3

Rather than an answer to this question as it seems that several already know the correct answer ( no, you do not have to be mirandized unless you are being questioned about the commission of a crime). I would like to respond to troyattroy and the other 'answerers' who were trying to get the guilty party off 'free'! Why is it that the cops are always good enough when you are in need of help or someone stole something that belonged to you, but any other time they are just someone for you to 'criticize' and 'badmouth'? Is it possible that you have had some 'run-ins' with the law due to something illegal that you were doing? hmmmm Something to think about. Maybe next time you want some help because someone stole your car stereo, think about who 'tried' to help you get it back.

Answer 4

This is America. The rights of citizens are dwindling. The police have all the rights to do pretty much what they want with you. Its common for a police officer to create frivolous charges against persons. You can get a lawer to fight the charge but you'll find in the long run you might as well just plead guilty and give the courts the money they want. Its all about money nothing more nothing less. For the officer its basically a power trip and another notch to put in their belt for promotion benefits on his behalf.

Answer 5

The Miranda warning only has to be read if the police are going to question you. Also, drunks always say they have only had a few/couple. My advice don't get drunk!

Answer 6

Their united states of america, their regulations. to procure inebriated and assaulted the police. Thank your stars you have no longer been locked up for some years. comfortably, in case you prefer to charm it then get a solicitor. you will inspite of the undeniable fact that probably fail. inspite of the undeniable fact that, this is you who became being a drunken yob. in case you could no longer cope with it then do no longer do it. what's disproportinate approximately it? in the united kingdom it would be so plenty extra useful if drunken yobs such as you have been locked up for some weeks. Then we could finally end up with quieter streets and city centres like..... Sweden.

Answer 7

Public Intoxication, also known as "drunk and disorderly conduct", is a summary offense in many countries.

Typical offenders are those who are obviously intoxicated and making a public nuisance of him or herself. Intoxication in and of itself is not illegal - a person must also fulfill one of the following criteria in order to be arrested:
Being a "public nuisance;" that is, he or she is acting in such an obnoxious manner as to cause a public disturbance (such as instigating a fight or "mouthing off" to police);
Being a danger to others, such as fighting or attempting to drive while drunk; or
Being so intoxicated that he or she is a danger to himself, i.e. he or she is vomiting due to alcohol poisoning.
Typically, the police would put the intoxicated person in jail (often referred to as the "drunk tank") until he sobers up and then issue a fine. Punishment may be more severe if other illegal acts, such as assault or drunk driving, also occur.
This offense is sometimes known as "drunk in public" or "drunk and disorderly."
At the time your were arrested they were not legally obligated to read you your rights at the scene.
Retrieved from "http://en.wikipedia.org/wiki/Public_intoxication"
The person in custody must, "prior to interrogation", be clearly informed of his rights.

The Miranda warning is a police warning that is given to criminal suspects "in police custody" in the United States "before they are asked questions" relating to the commission of crimes. Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings.

Answer 8

Any time a person is arrested they should be read their rights. That being said, if you try to bring it up in court, it will be your word versus the police officer's and a judge is more likely to believe a police officer than someone who was possibly drunk at the time.

Answer 9

Yes. Whenevr placed under arrest you must be read your rights. Even if your knocked out.

Answer 10

they probably read you your rights but you probabbly just dont remember. but if they didnt your case may be droped in court. P.I is anytime your intoxicated in a public area.