QUESTION

I was arrested and held for a couple hours for a simple public intoxication. At the scene the officer said that someone complained about me stumbling around as I was walking and the officer gave me a breathalyzer and I did admit to drinking earlier. After I was released I was given a citation and I am to appear in court on April 11th. Transportation is difficult for me so is it possible for my attorney to appear for me? Also, I have been on probation for a so what is most likely to happen do probation officers revoke probation because of simple public intoxication?

Asked on Apr 01st, 2011 on Criminal Law - Iowa
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I was arrested and held for a couple hours for a simple public intoxication. At the scene the officer said that someone complained about me stumbling around as I was walking and the officer gave me a breathalyzer and I did admit to drinking earlier. After I was released I was given a citation and I am to appear in court on April 11th. Transportation is difficult for me so is it possible for my attorney to appear for me? Also, I have been on probation for a so what is most likely to happen do probation officers revoke probation because of simple public intoxication?
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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In most cases in Iowa, an attorney can appear for the defendant in a misdemeanor case.  In addition, most misdemeanor cases, if admitting guilt, can be handled through written pleas and sentencing.  Some judges in some judicial districts, however, require the presence of the defendant for sentencing. In many orders, the defendant and his/her attorney are required to appear at court hearings. So, it depends upon local custom and orders, but criminal procedures do not normally require the presence of the defendant in misdemeanor cases.  In all felony cases, the defendant must personally appear. It is advisable to contact a local attorney to obtain advice on local rules and procedures. As for probation, a commission of any crime can violate probation.  I would advise contacting your probation officer to determine whether or not he/she would consider the offense as violating probation and what the officer is considering as a result.
Answered on Aug 31st, 2011 at 3:30 PM

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