Public Intox----LEOs only

[zerocool]

Just need some information. I screwed up big on Friday night and was arrested for Public Intoxication, spent the night in jail and was released on bond with a court date upcoming. So what exactly am I looking at? From what I've researched, it is a Class C misdemeanor, but I was told by a booking officer that it was Class A? Since it is my first offense, should I plead guilty and hope to get it deferred? Or should I hire a lawyer and fight the ticket? What type of punishment am I looking at? I saw that in Texas it is treated as an MIP would be since I'm 19, but I don't have a ballpark on the punishment for that either. Any help is appreciated.

 

[FordSVTFan]

You do NOT want to plead guilty to a criminal charge. It will remain with you forever and have far reaching impact into areas you would never think. I have seen it come back to bite people in the ass.

Get a lawyer and try to get a diversion program where upon completion the charge is nolle prossed.

 

[Iceman II]

A Public Intoxication is a Class C misdemeanor and is punishable up to a $500 maximum fine. Generally, the fine assessed is around $200.00. You were arrested and will have a criminal charge on your record, but no conviction as of yet.
I can tell you being a minor arrested for having alcohol is going to be tough to win in court. A jury might be inclined tothrow the book at you and assess the max.

 

[Lloyd Xmas]

Ok. Yes you messed up. Iceman is correct and to top it off, you will have to take some alcohol awareness classes. Years and years ago, I received a similar style ticket, but was not arrested. I plead "no contest", paid my fine and completed the classes. A subsequent P.I. arrest is usually enhanced to a B misdemeanor.

 

[zerocool]

Ok, talked to a lawyer today, pretty much summed up what all of you have said. He said I shouldn't need to obtain a lawyer and that if I plead no contest more than likely I'll get a fine and alcohol classes which I can handle. The courts haven't even received the paperwork and more than likely won't for a couple weeks, so I'm probably looking at a couple months before my court date. Is pleading "no contest" going to stick the criminal charge to my record the same way a guilty plea would? If thats the case, I'm definitely getting an attorney and doing my best to get it to where it will be expunged after I complete the punishment.

 

[FordSVTFan]

Ok, talked to a lawyer today, pretty much summed up what all of you have said. He said I shouldn't need to obtain a lawyer and that if I plead no contest more than likely I'll get a fine and alcohol classes which I can handle. The courts haven't even received the paperwork and more than likely won't for a couple weeks, so I'm probably looking at a couple months before my court date. Is pleading "no contest" going to stick the criminal charge to my record the same way a guilty plea would? If thats the case, I'm definitely getting an attorney and doing my best to get it to where it will be expunged after I complete the punishment.

A nolo plea can be used in the future for determine penalties for future arrests, such as in bond hearings and sentencing. A nolo plea stays on your record and will appear in NCIC and your state system when your priors are checked.

 

[FordSVTFan]

I got a PI last month that I felt was undeserving considering there was no confrontation of any sort, but thats beside the point. I got a lawyer taking care of mine, he felt it was good case and will probably get dismissed. (cop didnt even write an address for the location on the ticket he wrote Waffle House, I was not arrested just written a ticket and released) Good luck with yours I would fight, I think my lawyer is charging me $250 to fight it.

The waffle house is a location, the court can take judicial notice of its location or the ticket can be amended to reflect the information. Additionally, the misdemeanor criminal ticket is the ARREST. You were not taken into custodial arrest, but as far as your record is concerned it is an arrest.

 

[Iceman II]

The "no contest" and "guilty" have the same result.
Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
Good Luck.

 

[zerocool]

The "no contest" and "guilty" have the same result.
Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
Good Luck.

Thanks guys. I'll update this thread as I get information.

 

[zerocool]

Alright, the date is set for Friday, November 20th, but I'm set to appear before a Justice of the Peace. What exactly does that entail? Is it going to be me and the prosecutor appearing, or just me?

 

[SNCBOOM]

*OP requested LEOs only - removed by moderator*