QUESTION
Can I get charges dropped if I was under the influence of alcohol?
Asked on Dec 21st, 2011 on Criminal Law - Maryland
More details to this question:
My boyfriend and I were fighting in our house after coming from a night out of heavy drinking and things became physical and both of us sustained injuries. I was arrested and charged with assault even though I was the one who called 911. How can this go away from my record? I have no prior criminal history and I have a good govt. job.
1 ANSWER
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Voluntary intoxication would generally not provide a defense sufficient for the State to drop the charge. However, if you have no prior record, it is possible that you could receive probation before judgment, which would not show up as a conviction and could eventually be expunged. I would strongly recommend consulting with an experienced criminal defense attorney to determine potential defenses and to put yourself in the best position possible in the event that you enter into a plea agreement. You may want to consider having an alcohol evaluation and/or seeking anger management counseling if appropriate.
Answered on Dec 22nd, 2011 at 9:26 PM