What are my rights if I was recently arrested for public intoxication outside my apartment after tripping and falling on very rough and uneven pavement?

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What are my rights if I was recently arrested for public intoxication outside my apartment after tripping and falling on very rough and uneven pavement?

I didn’t just spontaneously fall over. I read about the public intoxication laws in my area and found that this type of arrest is to be made if someone is putting people in danger or being obnoxious. I wasn’t making any noise or bothering anyone, and was actually on my way to my room when this occurred. Is it worth it to try and fight this case at all, or should I just plead guilty and pay a fine? This is my first offense and if there’s any way to not get a criminal record I would be so happy. Also, either way, what is the benefit of getting a public defender? Should I have one even if I do plead guilty?

Asked on March 19, 2013 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have the right to a fair trial before a jury where the prosecution has the burden of proving your guilt beyond a reasonable doubt. I suggest you get an attorney to represent you in that you are at a disadvantage in representing yourself. Possibly you might get court probation for the offense, fined, do community service work and if you are successful, the charge will be dismissed without a conviction on your record.


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