Worried if i am going to jail or require a lawyer?

[oscar925]

What is the name of your state (only U.S. law)? California

What happened was that i was trying to break up a fight between my friend and a group, and the cops came and everyone ran including me and i got busted. I did not hit anyone and no one pressed charges but I was charged for public intoxication disorderly conduct, violation probation/revoke probation, and resisting arrest.

The problem is that i have been on probation for a DUI i received about 2 years ago even though i have taken care of everythign involving that DUI. I am wondering if i will need to get a lawyer when i go to court or should i just plead guilty and pay a fine, or is it more serious then that. Also, they did not read me my miranda rights or give me any kind of test to indicate whether i was drunk or not so is it possible to say they have no proof that i was drunk, in reality which i only had 2 beers before the incident so i was sober. I am a college student and i am really worried that i will get in a lot of trouble for just trying ot break up a fight. Thanks for your help

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

What happened was that i was trying to break up a fight between my friend and a group, and the cops came and everyone ran including me and i got busted. I did not hit anyone and no one pressed charges but I was charged for public intoxication disorderly conduct, violation probation/revoke probation, and resisting arrest.

The problem is that i have been on probation for a DUI i received about 2 years ago even though i have taken care of everythign involving that DUI. I am wondering if i will need to get a lawyer when i go to court or should i just plead guilty and pay a fine, or is it more serious then that. Also, they did not read me my miranda rights or give me any kind of test to indicate whether i was drunk or not so is it possible to say they have no proof that i was drunk, in reality which i only had 2 beers before the incident so i was sober. I am a college student and i am really worried that i will get in a lot of trouble for just trying ot break up a fight. Thanks for your help

You weren't arrested for hitting anyone. You were arrested for being drunk in public (perhaps because you and the others were drinking in public, but if they never did a breathalyzer on you or blood test, that might be something to dispute), disorderly conduct (for getting involved in the fight), violation probation (probably for allowing yourself to get involved in the fight), and resisting arrest (for running). It would have been better for you had you stayed put.

If you weren't interrogated or questioned by police, you wouldn't have needed to be Mirandized. And if you were, you could/should have exercised your right to remain silent without first being able to consult with an attorney.

Considering that you are looking at a potential probation violation that could potentially send you to jail, it wouldn't hurt to consult with a lawyer. That way, you can discuss your situation in more detail, and they can advise you best on how to proceed.

 

[oscar925]

Thank you sandycalus,

I realize that the only reason i am really worried about this is the probation violation part, but i am wondering if there is a real chance of going to jail because its not like this is a probation in sense of having a parole officer or having commited a serious crime, its a DUI violation probation and do the judges take that more seriously then the other kinds of probation?

 

[sandyclaus]

Thank you sandycalus,

I realize that the only reason i am really worried about this is the probation violation part, but i am wondering if there is a real chance of going to jail because its not like this is a probation in sense of having a parole officer or having commited a serious crime, its a DUI violation probation and do the judges take that more seriously then the other kinds of probation?

Are you underage? Does your DUI probation require you not to drink alcohol? If the answer to either of those questions is YES, then you would need to worry about having violated your probation.

The main thing that you did to warrant a probation violation here, at least that I see you needing to worry about, is running from the police (the resisting arrest part). Cooperating with the police is pretty much a given in probation requirements. As for whether or not a DUI probation violation would be more serious than some other type of probation, I'd have to say no. Not saying that a DUI is a minor charge, but in the realm of possible crimes one could commit, there are definitely worse offenses that warrant stricter regulation for probation departments.

Let's see if CdwJava can chime in here on this. He's our resident LEO and a pretty good judge on such matters.

 

[oscar925]

I am 24, and my probation does NOT state that i should refrain from the use of alcohol, in other words i am allowed to drink alcohol. I realize that running was perhaps the worst charge here, being because i am in probation. However, my instinct was to run but i did not run for more than 30 feet in which i realized what i was doing was stupid and immediately got down on my knees and let the officer arrest me. My instinct to run was because the officer nearly pushed me into the ground into a tree upon arrival before he stated anything to me in which i started to run. My worry here is that i will have to do jail time for this because i am a 3.0+ college student in my senior year and school means everything to me.

If i can argue and prove that i was not intoxicated, then my only charges would be fleeing from the police in which i was doing so without committing any crime, even though how ever i was on probation which was added to the charges. Even though it also states disorderly conduct i was not acting in any way which warrants that as the police officer arrived after the fight and after most people scattered so not only did they not see anything, but i did not do anything other then try to reason with both parties to back off and not fight and hold my friend back. I am wondering if any of this is relevant and will help my case.

All i was doing was trying to stop a fight, and i am just hoping that the judge will hear my side of the case and not just ignore the facts and only see this as a violation of probation and send me to jail... i am very worried

 

[CdwJava]

What happened was that i was trying to break up a fight between my friend and a group, and the cops came and everyone ran including me and i got busted. I did not hit anyone and no one pressed charges but I was charged for public intoxication disorderly conduct, violation probation/revoke probation, and resisting arrest.

Ouch!

So, no one accused you of battery - that's good. The rest, though ... ouch. The public intoxication offense is relatively minor and might be dismissed for a plea to the resisting/obstructing/delaying charge. That's good for up to one year in jail and $1,000 in fines. The probation revocation can bring back to life whatever penalties could have originally been applied to that conviction. So, for DUI, you could find yourself doing jail time and additional probation for THAT offense - even if never tried or convicted for the current offenses.

I am wondering if i will need to get a lawyer when i go to court or should i just plead guilty and pay a fine, or is it more serious then that.

You face jail time on the new offenses and the probation violation. Get a lawyer.

Also, they did not read me my miranda rights

As explained, this is generally not required unless they intend to question you after you are in custody. About 9 in 10 arrests will not need Miranda rights to be read.

or give me any kind of test to indicate whether i was drunk or not

None are required. Since no specific blood alcohol level is necessary for public intoxication all that must be established is that you were under the influence of alcohol (had been drinking) and were acting in a way that you were unable to care for your safety or the safety of others. Your drinking can be easy to articulate based upon the odor of alcohol emanating from your person, the objective signs of inebriation, and even your admission. But, this is the least of the offenses so they don't really need that one anyway.

I am a college student and i am really worried that i will get in a lot of trouble for just trying ot break up a fight. Thanks for your help

Never a good idea to break up a fight between a couple of drunks when you, yourself, had been drinking ... and then run away!

This is why I don't go to bars ... drunks doing what drunks do.

 

[oscar925]

okay...now i am really worried...

 

[CdwJava]

okay...now i am really worried...

This is not likely to be a big issue, but it CAN be.

When you appear for arraignment, if you cannot afford an attorney ask for one to be appointed for you. And HOPE that they do not remand you into custody on the DUI. It's unlikely, but theoretically possible.

 

[oscar925]

I hope so, i find it unfair that the people who actually fought and started the fights and were drunk were let go free of anything, and i who was trying to stop and prevent the fight, and sober was the one busted. I realize if i would of just stayed put nothing would of happened to me but because of that the officer dropped every possible charge on me. I am not a bad kid and i do not think deserve jail time. Thank you CDWJAVA, and what do you mean by "possible", does that depend on how nice or lenient the judge is, or how good the lawyer is? I see you are a Nor Cal officer, by any chance would you be up by humboldt county and know if they are strict here on these kinds of offenses?

 

[CdwJava]

Humboldt tends to be pretty lenient on many things (and, no, I am not from there). I doubt you have too much to worry about as these are not serious offenses ... though if you actually struggled with the officer(s) then that might change.

Whether or not you will be charged will depend on the officer's report and the DA's priorities. If the DA feels it is a strong case, he might file. If they feel it is weak, or it is not worth the time to pursue, they may not file against you. You won't know much until the arraignment.