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Criminal lawyers can defend you from many types of criminal charges. From theft and drug-related crimes, to violent crimes and gun charges, DUI's and motor vehicle charges, and beyond.
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Violent crimes are important to defend against because these charges can stay on your record and affect your your employement and personal life for years. A criminal defense lawyer will gather the necessary facts and evidence to represent you in court and achieve the best result possible.
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Firearm charges can lead to serious legal consequences, and can potential affect your ability to possess a firearm ever again. A lawyer can help advise you on the best path for a defense, protect your rights, and provide representation to fight for the best outcome in your case.
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Having a lawyer who can advocate on your behalf, both in support of your rights, and in defending you based on the specific circumstances of your case, can lead to avoiding or reducing any charges you're facing.
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Is Being Intoxicated in Public Even a Crime?
In general, the answer is no, being drunk or under the influence of drugs in public is not a crime in and of itself in most states. However, when an intoxicated person crosses a line, being under the influence may result in criminal charges.
A person may be intoxicated in public while minding their own business and keeping to themselves. In such a case, that individual would not likely face any criminal consequences. However, when an intoxicated person disturbs others near them or puts others in danger, then it can become a criminal offense.
What Must Be Present for Public Intoxication to Be a Crime
- The crime of public intoxication involves three main elements, all of which must be present to get a conviction:
- The defendant was under the influence of alcohol, drugs, or both
- The defendant was in a public space
- The defendant caused a disturbance or harm to others around him
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First and foremost, the defendant must be under the influence of drugs or alcohol. Simply acting in a socially negative way in public without the influence of drugs or alcohol would not be enough for a public intoxication charge.
Second, the defendant must be in a public place. If the defendant is misbehaving while under the influence but is on private property or behind closed doors, they would not be subject to a public intoxication charge.
What definitively makes public intoxication a crime is causing a disturbance or posing a threat to others. Being intoxicated in a public place isn't a crime itself, but if the defendant is purposely disturbing those around them, they could very well face charges for public intoxication.
If the prosecution can offer proof that these three elements are present in the defendant's actions, it would get them one step closer to being convicted.
Is There a Way to Defend Against Charges for Public Intoxication?
There are ways for a criminal defense attorney to craft a defense on your behalf.
Your lawyer could claim you were not drunk at the time of your arrest. You may have been acting loud or unruly, but it did not have anything to do with drugs or alcohol. For example, your attorney could state your team had just won the Super Bowl, and you were excited at the time of the public disturbance.
If you're charged with public intoxication but the area where you were arrested does not criminalize being under the influence in public, your defense lawyer could use this information to fight your charges.
One of the elements of public intoxication is being in a public space. If you're on private property at the time of your arrest, this could lead to dropped charges. Additionally, if law enforcement coerced you away from private property onto public property and then arrested you, your defense attorney could use this as a defense as well.
The success of your defense rests upon the details of your case, and the knowledge and strategy your attorney presents in your defense.
Rely on the Legal Assistance of an Unbundled Lawyer
A charge for public intoxication can shine a negative light on you and force you to face legal repercussions. An experienced unbundled lawyer can create a successful defense and provide aggressive representation while pursuing the best outcome for you.
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