QUESTION

How should I handle a situation where I was approached and arrested for no reason while walking down the street?

Asked on Sep 10th, 2012 on DUI/DWI - California
More details to this question:
After drinks during the day . Me and a friend decided to go play some pool at bar 4 blocks away. While walking we were stopped for no reason. A car going the opposite direction whipped around and aggressively stopped us. I had booze on my breath but we were just walking so I asked why are you even approaching us. They asked if i had been drinking and I said yes, seven beers in 5 hours. I was compliant but knew the reason they approached us was bs. They didn't like that and arrested me and let my friend go. They did no street test or test of any kind. Spent the night in drunk tank. Have court date next month. Should I plead not guilty ?
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5 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly 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 your case and advise you of your options.
Answered on Sep 18th, 2012 at 4:23 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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Absolutely plead not guilty. They must prove you were so intoxicated that you could not care for your own safety or the safety of others. Certainly not what you describe. Either get a lawyer to handle this for you or if you cannot afford one, request a public defender.
Answered on Sep 18th, 2012 at 3:32 PM

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Usually I would have expected you to be released after 7 or 8 hours and no charges filed. There must be something else or you are in Santa Clara County.
Answered on Sep 18th, 2012 at 1:03 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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How should I handle? By defending the charges unless you're willing to simply plead guilty and go to jail. If you are charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. 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, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 18th, 2012 at 12:52 AM

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Michael Paul Vollandt
Plead not guilty. Calif. Penal Code Section 647(f) is hard to prove. If the charge is a misdemeanor and you can not afford a lawyer ask the Judge for the Public Defender.
Answered on Sep 17th, 2012 at 11:51 PM

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