A police officer arrest me because I was pi 11:00PM in a parking lot for "Drunking in public" (it was my first time in my life, I never had any problem before).
She asked if I being drinking , I said no, so she used breathalyser and arrest me.
She asked me " when was the last time you drank?",
I told her 4 hours ago 3 wisky and 3 beers.
Later on I spoke with a Attorney and he told me we gonna play "not guilt" ask for trial and it might take 6 or 9 months (will cost me $2000 or $3000)
Should I go in court and say I'm not guilt and let attorney fight or just go there and say I'm guilt?
2007-02-20 05:50:44 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Instead "Drunking in Public", actualy I would say "Drunk in 'Public"
So if show up to the court "plea not guilt" and after every thing the judge consider me " guilt " penalties could worse? or just money spent? I'm more worrie about my record than money now
2007-02-20 13:08:49 · update #1
It sounds to me like your attorney is trying to get the $2-3000.00 attorney's fee right up front! (Shaking head) Typical lawyers!
You "consented" to the BAT therefore your results are admissible in court...unless for SOME reason your attorney can fight to have the results made inadmissible.
Whether or not you had the BAT...the officer still has their "experience" concerning the dealings of one who is intoxicated. The judge would listen to your and the officers testimony concerning the circumstances then decide upon your guilt or innocence!
Because your "Drunking in Public" doesn't sound right....I'm assuming it's either "Drunk in Public" or more appropriately "Public Intoxication."
Depending upon your state law will determine if there are "arguable defenses" to your offense. Most states require that you, as the offender, are unable to properly insure your own safety to be arrested for the offense. It is possible that your attorney will be able to argue that defense BUT you are taking a chance either direction you go!
Your attorney can ALSO provide advise on pleaing to "lesser included" offenses that may not have as severe penalties.
Talk to your lawyer and ask him/her what approach they are going to use should you decide to fight the case!
Being a first time "offender"...you will most likely pay the court costs and fines with a possibility of probation until your fines are paid! You may also possibly apply for "youthful offender status."
In all due honesty, I think facing the judge will cost less!
Best wishes!
2007-02-20 06:10:14 · answer #1 · answered by KC V ™ 7 · 1⤊ 0⤋
if you are in tx, a PI is generally a class C misdemeanor and the fine is not more than $500.
of course an atty is going to tell you to plead not guilty....that is how they make their money.
misd cases do not require an atty beacuse the fines/sentences are so light.....ie you aren't going to sit in jail for months.
in my opinion, go ahead, hire that atty, pay him 3000$, then he will turn around and tell you to take the plea the court is offering and you can pay a few hundred dollar fine........
or you can contact the court (district atty, county atty, prosecutor, whatever they call it in your area) and ask them what they are offering for a sentence if you plea guilty. if you don't like it, plead not guilty.
but remember, A: you did what you were arrested for and B: you took a breathalyser, wherein, the police/prosecutor/court/etc have a formula that mathmatically calculates the amount you drank, your weight, and the time the test was taken......this all adds up to a big fat finding of guilty.....and guess what.....you hire an atty and plea not guilty, when the judge (or a jury) finds you guilty, your fines/court costs/ etc will be much higher than if you had pled guilty in the first place
2007-02-20 06:48:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First mistake was lying to the officer, they will use that against you in court...you shoudl have been straight up with the offier and sad that you had drank earlier in th evening. The officer will have on record that you told her that you haden't been drinking, when you actualy had. I say plead guilty and ask for a ple bargin...the worst you will get is maybe a few days in jail a fine and probation...
2007-02-20 06:35:32 · answer #3 · answered by friendly_future_cop 2 · 0⤊ 0⤋
I've been there before, your best option will be to get the attorney, let him plead not guilty for you and he will plead your sentence down to something minor. If you go in and plead guilty right away the judge will sentence you and the punishment much worse. This will never go to trial but pleading not guilty allows your attorney the chance to plea bargain.
2007-02-20 06:00:41 · answer #4 · answered by racing_jrfan 3 · 0⤊ 1⤋
In Singapre, maximum fine for being in drunken state in public is $500. If I were you, I will just plead guilty. There will be a criminal record but offence of this nature will not be used against you unlike those who are related to dishonesty and theft or cheating.
2007-02-22 00:03:07 · answer #5 · answered by Erm 3 · 0⤊ 0⤋
Be a whole lot cheaper to plead guilty and the consquences will not be harsh for no previous record. A fine is all more than likely --way cheaper than pleading not guilty and lose anyway
2007-02-20 05:59:55 · answer #6 · answered by luminous 7 · 0⤊ 0⤋
follow your attorneys advice. he is legally and ethically obligated to represent your best interests. a criminal conviction can have long lasting detrimental effects on your future life and job opportunities. If you disagree with your attorney - discuss this with him. Don't be intimidated, he works for you, after all.
2007-02-20 05:59:13 · answer #7 · answered by Rachel M 4 · 0⤊ 0⤋
Have a drink and think about it.
2007-02-20 06:00:46 · answer #8 · answered by devil5557 3 · 0⤊ 1⤋