We were at Applebee's, and he is only 20 years old and he put Vodka in his drink, and someone called the cops who arrested him. I was hoping that someone could help me find out how serious this felony is, so i know if he's looking at a big fine and/or jail time. Here's the specifics: He's underage, he was in possession of vodka, and he drank it in public.
Thanx.
2006-12-30 17:28:08 · 11 answers · asked by IICEdesigner 2 in Politics & Government ➔ Law Enforcement & Police
First off, relax, this isn't a felony. In most states, if not all of them, this is a misdemeanor crime which is usually punished by a fine.
In the state in which I prosecute, he would NOT have been arrested (jailed) unless he was on probation or there was an arrest warrant pending. So if they jailed him, there may be a few things about your friend that you didn't know...
2006-12-30 17:41:44 · answer #1 · answered by snowdrift 3 · 1⤊ 1⤋
Well, this one is two parts, a Felony is a serious offense, And your friend should be lucky, he could have been charged with Underage Drinking. Also the formal charge name your friend got, was called, Public Intoxication, it is a Class D Felony, which is the 2nd to lowest felony, This will be on his record for the rest of his life. And for Sentencing, if its his first offense, the Judge might go easy on him, with just a fine, community service, Restitution. If he gets jail time, it could be anywhere from 30 days to 1 year. Depending on if hes a repeat offender.
2006-12-30 17:50:19 · answer #2 · answered by Shawn 3 · 0⤊ 0⤋
Police do not have to give you any sort of tests to prove or disprove you level of intoxication. Judges rely on Police officers testimony of their observations. The offence of being intoxicated in a public place is not a criminal offence in Canada, it is Liquor Control Act offence, which is a provincial offence. You received what is the equivilent of a speeding ticket. You can appear in court if you wish to argue the charges. It will not show on a criminal record check even if you are found guilty. Police can hold you for a period of 24 hours regardless of the offence. They cannot release you if you are still intoxicated. The period of time you were held was not unreasonable for the situation. If you really feel this is the situation, you can lay a Police Act complaint against the officer. The situation will be investigated. Remember, that if you are leaving parts out (it happens alot, people like to tell a version of stories that paint them in a good light), they will come out as well. You will not get any monetary reward if he is found guilty under the Police act, you would have to sue civilly for that. If found guilty, he will be punished by being suspended without pay. One more note, not to say that you are not telling the truth, if there is any part you are leaving out, don't leave it out if you lay a complaint. Everyone does and says stupid things. It will give you more credibility if you admit yours. As long as you did nothing to justify the officers actions in arresting you (ie, fight back), then you will still be ok.
2016-05-22 23:00:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I seriously doubts these are felonies. Was he taken to jail or released to his parents or other responsible adult? What he did is obviously wrong and STUPID, but it won't be the end of the world. Probably a fine and some community service. I hope he learns a lesson from this.
2006-12-30 17:36:04 · answer #4 · answered by Cinner 7 · 0⤊ 0⤋
He did a dumb thing and will probably face a fine. He will be released to his parents or other resonsible adult. It will go on his record but it is not a felony.He may also get community service. I hope that he has learned his lesson. Hopefully you won't follow in his footsteps. I don't know if you are underaged but to be a public drunk isn't good at any age.
2006-12-30 18:11:46 · answer #5 · answered by lita ozzy bear 3 · 0⤊ 0⤋
In the State of Hawaii, drinking in public is a misdemeanor that could carry 30 days jail and/or up to a $1,000 fine. Moreover, you now have a criminal record that could affect your employment.
2006-12-30 17:46:15 · answer #6 · answered by syaw10 3 · 0⤊ 0⤋
Underage drinking, as a first offense, is usually a misdemeanor. Probably no more than a fine. If it is not his first, though...he may stay at the county's expense for a few days.
2006-12-30 17:38:43 · answer #7 · answered by Gary E 3 · 0⤊ 0⤋
It shouldnt be a felony,you can call the city court house and find out.Most of the time you can pay a bond that settles the charge and not go to court.
2006-12-30 23:56:23 · answer #8 · answered by cert leader 2 · 0⤊ 0⤋
nothing serious.. definately not felonies, all misd. should be able to get by with a court fine and the worse is possibly getting jail time with all of it suspended and then on probation.
2006-12-30 21:07:29 · answer #9 · answered by cutefirechick1982 2 · 0⤊ 0⤋
im not sure that public intox and underage possesion are fealonys. i might be wrong tho.
2006-12-30 17:31:33 · answer #10 · answered by Kevy 7 · 0⤊ 0⤋