Skip to comments.I need advice from a legal type for my son.
Posted on 10/20/2012 6:38:19 PM PDT by yankee turned redneck
My son got arrested and paid a fine for drunk in public. The police had no reason to subject him for a sobriety check. Isn't that like a unlawful search/seizure? Can he go back and change his plea and fight it to get it off his record?
Was he drunk in public?
Maybe kick your son in the butt....instead of trying to put some kind of fault on the cops.
If he plead guilty it is a done deal. He can probably get the record expunged.
He paid a fine? That admits guilt doesn’t it? Or, did he contest the charge and was found guilty, thus the fine?
He was walking home from a party in a college town and the “cops” just got done giving a sobriety check on a DUI and they saw him all by himself at 2 AM not stumbling or anything.
He shouldn't have pled guilty. He should have used his right to remain silent, and called a crim law attorney as soon as he was released from custody.
If he pled guilty, he's very likely screwed on legal procedural ground. He can look at expunging his record (depending on state/jurisdiction) at some point and I highly recommend he do so, even if this is a misdemeanor. If it was a civil infraction, then there is no criminal record.
more details. The cops don’t normally arrest drunks unless they are a problem. I would get the arrest report.
That said does he have a problem, that the issue. a ticket for walking while drunk, is less then a misdemeanor. The fight is likely is not worth it unless he want a law enforcement career.
That is what I told him. Just wondering if he can change his plea or appeal?
No chance of getting a conviction expunged. And typically in a plea deal, the defendant waives his rights to appeal or ask for a new trial.. He needs to get a good education and work his butt off and prepare himself for the real world. This petty plea deal will not kill him.
Well try Virginia instead of California in the search string. Google will adapt. If you are serious then go see or call an attorney familiar with VA law.
I was arrested for drinking in public in the aftermath of the Texas Arkansas game in 1965 together with my college roommate. Were we drinking in public? Duh. We appeared in court together in front of “Hanging Judge Ptaki”. We were well dressed and deferential. He inquired if we were students at the University? Yes, your honor. He inquired if we were attentive to our studies? Yes, your honor. He inquired if we attended church? Yes, your honor. Which church did we attend? My roommate reported that he attended the Church of Christ. I said that I attended the Episcopal Church. The Judge asked my roommate if the Church of Christ permitted drinking. Oh no Your Honor, my roommate responded. I knew that my goose was cooked and I was found guilty.
The records of this event were in my permanent military records and always a topic of conversation when I was up for promotion or for renewal of my security clearance. Always got a laugh.
If he was showing any signs of impairment (staggering, stumbling etc), the police had the right to subject him to a sobriety check for his safety and for the safety of the general public.
Drunk (intoxicated) in public is a generic public peace disturbance infraction.
Most courts assess a fine and place Defendant on probation for what is normally a misdemeanor.
Because it is not a Felony, none of his rights to vote/bear arms are removed.
Once you plead guilty, it’s kinda hard to change a plea to not-guilty, or appeal, without a basis in law or fact. Most Judges, in accepting the guilty / plea agreement, advise the Defendant of their rights to a jury / bench trial, where witnesses can be called, etc.
He’s stuck with the drunk in public thing. And no, there’s no requirement to have a person do a breathalyzer to arrest for intoxication under these circumstances. His plea of guilty just means he gave up his right to a trial and that of cross-examination.
Thanks for the replies, I am going to tell him to go to a lawyer/court. Thanks again.
wait did he pay the cop direct? If so, that is graft and corruption. however, he may not have a record if that was the deal.
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