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2007-08-08 04:55:23 · 13 answers · asked by PRADIPKUMAR 2 in Politics & Government Law Enforcement & Police

2 weeks ago iplayed hooky from work.
and went to the bar. I recieved a ticket for public intoxication (pissed off the bouncer). I refused to give a statement. I was taken to jial and held for 8 hours. plead not guilty, and waited in jail 6 hours to come up with money for cash bond. Told to report today. Idid so plead not guilty before a second judge. called into speak with prosecutor. Aked me if i wanted a jury trial or by judge.

2007-08-08 11:56:38 · update #1

13 answers

Public Intoxication is a pretty low level crime. I can't believe they are going to waste the expense of a jury trial.... You sure there is not more to this then you are telling?

I am guessing you plead Not Guilty and now it is scheduled for trial... before a judge. Not a jury. You will show up on the day they gave you, the police that arrested you will show up. You will tell your side, or remain silent... they will present their testimony.

You will 99 % surely be found guilty.

2007-08-08 06:05:11 · answer #1 · answered by Dog Lover 7 · 0 2

NO..its not going to be a jury trial since what you have committed is only a violation. If you were just intoxicated and was acting in a disorderly manner, can lead you to be arrested. You will face a judge to prove that you werent intoxicated. The arresting officer will also present his case/evidence, then the judge will give his decision. Violations could mean less than 15 days of imprisonment-or-community service-or a fine-or warn and admonish depending on your past history. Again, it's all up to the judge.

My advice is...bring your witness. Think of any reason why you werent intox and the Officer thought otherwise..meaning you have to find any solid evidence on your part convincing the judge why u weren't drunk and what led the officer to arrest you...

A jury trial is for something serious.

2007-08-08 06:12:20 · answer #2 · answered by Night_Hawk 2 · 0 0

Public intoxication is a misnomer. You'll go before a judge and not a jury. You should have just pled guilty or else hired an attorney to speak for you.

Now the judge is going to be mad that you're wasting the court's time when you're obviously guilty. So he'll most likely give you the maximum fine he can.

You can still change your plea before the court date. That's what I would do; that or hire a lawyer one. If you do nothing, then you're looking at the maximum fine allowed in my opinion.

2007-08-12 04:16:23 · answer #3 · answered by Let me steer you 7 · 0 0

Well, the bouncer, the cop, and any other witnesses present at the trial are going to have to prove that you were intoxicated and that you were in a public area (and in some states, the inside of a bar does count as "public"). Generally speaking, for a drinker to be considered intoxicated, he has to be either presenting a danger to himself or being disorderly. It's going to be tough for you, because terms such as "public intoxication" and "disorderly" are very open-ended laws and are based very much on the subjective interpretation of the cop or witness who observed you. Unlike in a DUI situation, there is no blood alcohol content limit specified in the books for public intoxication. You might have a chance if you can argue that your behavior during the incident was absolutely no different than that of any fully sober customer in perfect control of his mental faculties and motor skills who just may have been very insulting or rude. Rudeness is certainly not illegal (although making physical threats, throwing things, shoving people, trespassing, etc. are). And it doesn't make any sense to punish somebody for having alcohol in his system, if it's not causing him to do something that IS illegal or dangerous.

2007-08-09 11:40:12 · answer #4 · answered by Anonymous · 0 0

under law you have a choice of trial by jury, or by a judge...

I suspect that the prosecutor asks this question of every defendant he sees.
I'd be surprised if it went that far, but I have been on a jury on a soliciting for sex charge. [we let her go].

2007-08-08 12:42:45 · answer #5 · answered by sirbobby98121 7 · 0 1

Plead guilty, you'll get off with a lesser punishment that way.

You can choose jury or judge, its your choice, if you have a lawyer, go with what he/she says.

2007-08-08 12:17:26 · answer #6 · answered by JulyFire 5 · 0 1

public intox just plead no contest get it over with its usually not a big deal.

2007-08-08 07:45:54 · answer #7 · answered by Anonymous · 0 0

waste their time with a jury trial they will let you plead to a lesser crime if and its to costly to them

2007-08-08 16:02:01 · answer #8 · answered by Anonymous · 0 0

You will probably be fined and get a bit of probation time. Possibly not any probation time.

2007-08-12 03:58:45 · answer #9 · answered by lorraine197807 2 · 0 0

If you dont have a fool-proof plan to beat it, plan on doing the max. amount of time......you still can make a deal b4 trial...........

2007-08-08 10:27:41 · answer #10 · answered by DennistheMenace 7 · 0 0

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