QUESTION
What are my options if I got arrested for disorderly conduct?
Asked on Jul 17th, 2013 on DUI/DWI - Missouri
More details to this question:
I am a minor in the San Mateo County area. On March 1st I got arrested for disorderly conduct by being found in a public place, under the influence of alcohol. The officer called my mom and I was let go but now I have to go to court on the 24th of July. I had to take the breathalyzer test about 2-3 times and I was able to talk to the cops. I cooperated and I was not drunk but did drink. My first question is: Can I somehow beat this case? And if I can't, last year I got arrested and taken to Juvenile Hall for 8 days for the same reason but I only got charged with resisting arrest, what would be the consequences this time? Or is this a first offense since I didn't get charged with it last time?
4 ANSWERS
It would not be your first offense since the court will look at whether you have been sentenced at all in the past, not just specifically for drinking in public under age. It is unlikely that you can "beat" this charge if you were breathalyzed and admitted fault to the police. Your best option to hire an attorney to help you plea to a lesser charge to get a lesser sentence.
Answered on Jul 25th, 2013 at 12:29 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should probably hire an attorney, while this is a "first offense" the judge and prosecutor are aware of your history. Even if the fist time you were dealing with the Juvenile system you were not prosecuted for the alcohol related charge both the Prosecutor and the Judge will be aware that the case involved alcohol. Because of your history the Judge will likely be less lenient and the DA will seek more punishment than the minimum. A lawyer familiar with breath testing devices may be able to cast enough "doubt" on the issue that your case gets dismissed, reduced or sentenced in a more lenient manner.
Answered on Jul 25th, 2013 at 12:29 AM
You should hire a lawyer and get this relatively minor charge dismissed.
Answered on Jul 25th, 2013 at 12:29 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can try to make a deal with the prosecutor or you can prepare for trial. You should have an attorney to represent you.
Answered on Jul 25th, 2013 at 12:28 AM