What to do if I was arrested while shopping in a grocery store for “public intoxication”?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was arrested while shopping in a grocery store for “public intoxication”?
I was not showing any outward signs of being intoxicated. Head cashier told me later that I was acting normally. The cops entered the store searching for me according to her. They asked her if there was a back way out of the store. As I was checking out they got on both sides of me and forced me to take a breathalyzer test. I was not read my rights. I believe that a woman that I was with earlier in the evening called the police and made up lies about me in order to cause trouble for me. I subpoenaed the call that was made to the dispatcher and the prosecution quashed my access to the call. How can I get that information? Isn’t withholding evidence illegal?
Asked on April 23, 2013 under Criminal Law, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Sounds like you have possible constitutional issues. You need a lawyer. Were you read Miranda at any point in your arrest? If not, you can get the entire charge dismissed. Was the cashier around whle you shopped? If so, you need to get a copy of the video from the store that day and your lawyer needs to inteview that cashier. The bottom line is if you met the elements of the public intoxication crime, then you could still be arrested. However, it sounds as if the police did not follow protocol. This is unless of course there was imminent danger of harm then that might be the reason why your access was quashed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.