Can I be charged with public intoxication after I was accused of theft?

Question

A person in the bar stole a tip jar. I somehow got thrown into the mix. As I was apprehended inside the bar I asked why I was being arrested. I was told it was because I stole the tip jar. They found out it wasn't me but charged me with public drunkenness. Is a bar considered public? And what is the best defense for my case? I wasn't a danger to myself or others and was actually looking for my friends so we could get a cab home.

Steven D. Dunnings · Answer

Yes.

Michael J. Breczinski · Answer

I would fight the charges since you usually have to be disorderly also for the charge to stick.

Gregory Casale · Answer

I would have to know more facts and then look up the statute. If you were charged, you should have an attorney. Whoever you hire should be able to get that charge dismissed unless there is more to it that you have explained.

William Spern · Answer

Public drunkenness can only happen in the public and not in the bar.

Austin Hirschhorn · Answer

If you were charged with a crime out of the events you describe, the police write up of what occurred satisfied an assistant prosecutor that there was sufficient evidence for a warrant to be issued.  If you believe that you are innocent of any wrongdoing you should hire a lawyer to represent you. Because you are charged with a crime, if you can't afford a lawyer, the court will appoint one to represent you.

Jared Altman · Answer

Your best defense is to keep quiet and hire a lawyer.

Clayton Lockhart · Answer

In Mississippi, you can be arrested inside of a public establishment and be charged (and convicted) of public intoxication.  It does seem strange that they can arrest you inside of a bar, a place where alcohol is the main attraction, and charge you with public intoxication. Generally when someone is arrested on this charge (and particularly when inside an establishment that serves alcohol), it is more because of their conduct and attitude rather than their state of inebriation.  In your case here it appears as though the officer wanted to save face as he/she found out that they couldn't get you for stealing the tip jar so the only thing he had was a bogus charge.  I say fight it.

John Toivonen · Answer

Bars are public places. The exception would be a private club. In Michigan we have a statue that forbids Disorderly Conduct. As to what constitutes Disorderly Conduct, the court will consider various factors. Were you stumbling, slurring your speech, making threats, or doing anything that a reasonable person would consider behavior associated with intoxication? In many cases the officer has made a decision that is subjective and can be challenged. If you do not have an attorney, a Disorderly Conduct charge will probably stick. If you hire an attorney, there is a good chance that you can get the charge dismissed.

James Osak · Answer

YES. A bar is a PUBLIC meeting place . . . open to the public. They have to PROVE that you were "drunk in public." Did you CONFESS to drinking.

Terry Nelson · Answer

The prosecutors CAN charge or amend charges at any time they believe they can prove them and convict you.  You get to fight whatever they bring against you.    When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Michael Jones · Answer

Since alcoholism was recognized as an illness in th 1960's all public intoxication crimes have been removed from the books.  only DUI remains in most jurisdictions.  However, inventive officer's sometimes charge disorderly conduct or similar offenses to allow them to arrest people who are merely intoxicated.

Leonard A. Kaanta · Answer

Yes a bar is a public place, you need to get an attoreny.

Stephen Freeborn · Answer

If the facts of the case warrant  the charge, you could be so charged.  In order for me to make a proper determination, I would have to see the police reports and other facts surrounding your particular case.  You ask what is your best defense:  my advice is that yopu retain an attorney who can review with you the facts of your case and prepare accordingly.

Michael Edwards · Answer

Yes, a bar is considered a public place, for purposes of the intoxication statute.  The best defense will be to hire a good criminal defense attorney to help you with your case.  Good luck!

Nathaniel Shafer · Answer

You could be charged with public drunkenness in Utah for being in a bar, but they also have to prove that you "unreasonably disturb[ed] other persons." If you weren't being a disturbance then it sounds like you have a good case. For the best result, hire an attorney and keep your record clean.

Andrea Rogers · Answer

Yes, a bar is a public place. You need to hire a criminal defense  attorney who practices in the city or county where you were arrested or  ticketed. The attorney can probably negotiate a plea bargain with the  prosecutor to get the charge reduced to a lesser offense so you won't  have this on your permanent criminal record. With a charge for Public  drunkenness, it doesn't matter that you weren't driving or that you  weren't dangerous.

Joseph Dane · Answer

Yes, a bar open to the public is a public place. In order to convict you, they just prove that you were so intoxicated that you were unable to care for your safety or the safety of others (or that you were obstructing a public way, but that's not what I'm getting from your facts). From what you wrote, I'm not sure they will charge you in court. If you are charged, it sounds as though you have a good defense.  Unfortunately, it's going to require an attorney representing you.

Dean Valente · Answer

Sounds like a classic case of CYA because of possible fear of a claim of false arrest they came up with a charge they figure could stand or at least have PC to make.  People go into bars more often than not to get a little intoxicated.  Heck you could charge 75% of most bar patrons.  I would hope such charges are dropped at pre-trial unless of course you were acting like a drunken jerk.  Then the charges may stand.  But absent disorderly behavior (or conduct prohibited by the wording of the ordinance) sounds like a pretty weak case.  Of course more details would be helpful.

Jeff Yeh · Answer

647(f) is a relatively minor offense, and an experienced defense attorney has a good chance of getting your case dismissed or at least reduced to an infraction. Sometimes this involves the attorney negotiating with the Judge so that you can "earn" the dismissal. Contact an attorney.

Eric Sterkenburg · Answer

Your version of the event and the police version of the events may differ. The way to handle this is to go to the court on the date in your citation. Look at the master calendar and see if your name is there. If not that means that the DA has not filed on your citation. If so you need to go to the DA?s office and check on the status of you case. Make sure you your citation date stamped to show you were there on your court date. If your name is on the calendar; go to the court listed for your arraignment. Ask to speak with the Public Defender. He will pull your case and tell you what you are charged with and what the police report says. He will also give you advice on what to do. Do not hire an attorney until you have done all of this.

Phillip Shekerlian · Answer

Unfortunately, a bar is considered public.  However, there are multiple ways to attack your case. First withhold be to challenge their probable cause that you stole the jar. Next would be based on your display of intoxication.  I highly recommend you get an attorney for this because you may have a good case.

Michael Lynch · Answer

Yes, you can be arrested and charged with being drunk in public  regardless of any accusation of theft. Drunk in public is the most over  used charge by the police to punish individuals for incurring their  displeasure.  You are on the right path for your defense.  The DA will  have to prove you were unable to care for yourself.  Even if the DA  can't convict you, the officer and his actions will have cost you time,  money, or both.  Such an arrest is an abuse of power. Good luck.

Dennis Roberts · Answer

Yes it is a public place.

Mark R. Thiessen · Answer

Yes, you can be PI in a bar because it is technically a public place, i.e. open to the public.

Larry Dunn · Answer

A bar is considered a public place however it is rare that a person will be   arrested and charged with public intoxication inside a bar absent some  type of  disturbance. If a person is a danger to themselves or others the  person is  usually taken into custody for Civil Protective Custody and not  charged with a  crime. The best defense is that the bar is serving alcohol for the  purpose of  people getting intoxicated and the statute is not designed to  arrest people  inside bars although it is technically a public place.

Bernal Ojeda · Answer

A bar open to the public is a public place.  Yes you can be charged.

Mark Smith · Answer

They should dismiss the case on the completion of 10 hours of community   service.

Francis Cowhig · Answer

The best defense are witnesses who can testify that you were not drunk and was not causing any trouble in the bar.  A bar is considered a public place. I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest.  He/she would then be in a better position to analyze you case and advise you of your options.

Russell Pietryga · Answer

A defendant is guilty of intoxication if they are under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger the person or another, in a public place or in a private place where the defendant unreasonably disturbs the peace.  Moreover, a bar would be considered a public place.       You can be charged.  However, convicted is another story all together.  First, it is very difficult to prove, beyond a reasonable doubt that you endangered yourself or another.  Additionally, a bar is going to be reluctant to have its employees admit that you were a danger and they kept serving you.  The bar's liquor license could be in jeopardy, if they kept serving you, even though, you were a danger.       Personally, I feel, based on how you explain the facts, the prosecution will have a tough time proving this case beyond a reasonable doubt.  Hope this helps.

Robert De Groot · Answer

You need to hire an attorney to look into the facts of the case and represent you. There may be defenses but on the facts you give, it is hard to say anything.

Matthew Kober · Answer

Ironically, you can be arrested for intoxication while in a public or private place.  However, you have 1) be intoxicated to a degree taht you endanger another person AND 2) your conduct had to have "unreasonably disturb[ed] others persons."

John Brennan · Answer

Sure, they can charge you with anything, the question is can they convict you.  Sounds like an interesting case with a possible defense. Need more details.

Gary Russell · Answer

It sounds to me that you already have been charged with that offense. Whether or not it can be successfully prosecuted is another issue, but the burden rests on the prosecutor to prove guilt beyond a reasonable doubt. The bar is a private establishment that is open to the public, just like CVS, K-Mart, Sears, etc.  So there could be a basis for public intoxication, but it is a stretch.

Steven Alpers · Answer

A bar is a public place. The only private places would be your home or someone else's home or an office which is closed.  You can use as a defense that you called a cab and by that act it shows you were taking care of yourself.  If you were looking for friends and having trouble walking or if you had fallen down, you could be charged with public intoxication, but usually they just keep you until you are sober and then release you. I would not expect charges to be filed on this sort of case unless you have a criminal record involving alcohol.

Michael Palumbo · Answer

There is no crime in NY called public drunkenness.

Steven Fairlie · Answer

Unfortunately yes.  You should consult with a lawyer regarding the details of your case.

Philip Hache · Answer

A bar is considered a public place (ie. People can walk in the bar from the street, distinguishable from a private residence).  You should speak to and potentially hire a crimimal defense attorney to keep the misdemeanor off your record.

Bruce Arthur Plesser · Answer

I'd try the case. Cops covering their ass by charging you but the charge is viable.

Stuart Nachbar · Answer

Technically, yes a bar is public, because you have no expectation of   privacy.  You should be able to down grade this with assistance of counsel.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I be charged with public intoxication after I was accused of theft?

39 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer