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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 01-01-2013, 09:10 PM   #1
ripmp3z
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Question Public Intoxication

So a few girl friends of mine got arrested for public intoxication last nite (one also got the resisting arrest charge). Can someone with knowledge of Texas laws shed some light on the matter?

Like how long it will stay on their records, the ramifications for future jobs, etc. Thanks!
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Old 01-01-2013, 09:21 PM   #2
Capt. Lincoln F. Stern
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minimum 7 years if not longer depending on the class of charge.... were they walking and drunk, at a bar etc?
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Old 01-01-2013, 09:31 PM   #3
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the one with the PI is out on bail, but the one with the resisting charge is still waiting for the bonds to be set.

They were drunk, lost their phones n CC, took a cab to their car (which they thought they had cash), but didn't have the cash in the car, cab driver was shaking one of them for cab fare, they caused a ruckus, cops came and arrested them for PI.
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Old 01-01-2013, 09:45 PM   #4
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My case for that in Harris county .... long long time ago........

I went to the jail did my time in the holding cell ( scared the shit out me) saw the Judge in the morning, life resumed the next day.....

PI use to be ..."Not a Big Thing" but it looks like you guys have theft of services attached with that.
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Old 01-02-2013, 09:34 AM   #5
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when it all plays out you should be offered deferred adjudication.
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Old 01-02-2013, 09:52 AM   #6
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Lawyer up and see that it all gets dismissed a defense may be that they were in fact cabbing it. Fucking cab drivers suck when they involve the cops. Whats the alternative drive home. Consider filing a complaint against that driver. He can not refuse a fare it is against the law. I'm sure the ladies could have procured payment at the destination.

I had a girl tell the cabbie I have 15.00. He said no problem and took her home on a 25.00 fare then wanted a blowjob. She said no way and went in her house.
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Old 01-02-2013, 12:13 PM   #7
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Thanks for the inputs.

Here's what I learn from brief research:

Class C Misdemeanors

Class C misdemeanors are considered the least serious type of criminal offense in Texas. A Class C misdemeanor conviction carries a punishment of a fine of up to $500. Community service in addition to or in place of the fine is at the judge’s discretion. A common example of a Class C misdemeanor is a traffic offense that results in a traffic ticket. Other types of Class C misdemeanor offenses include:

Public intoxication
§ 12.23. CLASS C MISDEMEANOR. An individual adjudged
guilty of a Class C misdemeanor shall be punished by a fine not to
exceed $500.







§ 12.21. CLASS A MISDEMEANOR. An individual adjudged
guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one
year; or
(3) both such fine and confinement.

The court may also impose a maximum of two years of community supervision (adult probation)*, or three years of community supervision with an extension.


Class A misdemeanors include:

DWI (second offense)
Assault with bodily injury
Burglary of a vehicle or vending machine
Possession of two to four ounces of marijuana
Unlawful carrying of a weapon
Gambling promotion
Violation of protective orders
Cruelty to animals
Perjury
Public lewdness
Resisting arrest
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Old 01-02-2013, 05:23 PM   #8
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The one with PI doesn't need an attorney. They can go to the DA and get deferred adjudication and they will have to pay a fine of about $400. In 3 or 6 months, the charges will be dropped as long as they stay clean for the probation period. I don't know anything about the resisting arrest charge.
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Old 01-02-2013, 09:03 PM   #9
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Quote:
Originally Posted by Spirit13 View Post
minimum 7 years if not longer depending on the class of charge.... were they walking and drunk, at a bar etc?
This is not true. A conviction stays forever unless expunged, non-disclosed, pardoned, or the person receives clemency.

Public intox basically means that youre in a public place and youve consumed alcohol or a drug to the extent you are a danger to yourself or others. Its a very low standard for the city attorney to prove.

Typically, youll get a deferred disposition offer in which you dont get arrested or a ticket for a period of time, usually in the 90 day range and case gets dismissed. After that, you can get an expunction.

Hiring a lawyer isnt necessary, but a traffic ticket lawyer is usually about $60-75, and you dont have to wait around in court. ( they go for you) They usually can save you that much off the fine as well, not to mention finding any problems in the case that may work in your favor.

Resisting is a much more serious charge and she definitely wants a lawyer she trusts. She can do up to a year in jail and there are other potential collateral consequences. Resisting arrest is classified as a "crime of moral turpitude."
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Old 01-04-2013, 06:10 AM   #10
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Quote:
Originally Posted by ripmp3z View Post

They were drunk, lost their phones n CC, took a cab to their car
I'm a little confused. Are you saying that they called cab to drive them to their car?
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Old 01-04-2013, 11:17 AM   #11
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They dropped their car off at a hotel and were gonna pick it up in the AM, but went back cuz she thought she had some cash in the car for cabfare home.
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