Drunk in Public and Resisting Arrest/ Help Please!!

[unknown10252]

What is the name of your state? Oklahoma

I was recently arrested and charged with Public Drunkenness and resisting arrest. I’m 21 and am not a big drinker, but I made a big mistake and had too much to drink. I don’t remember being arrested anything that happened until I woke up in jail the next morning. I paid my bail of 684 and was allowed to leave. I need to know what I need to do to get this taken care of. Do I hire a lawyer? Is their any way that I can get my record expunged? What do I do?

[quincy]

I am not an attorney and I recommend you contact an attorney in Oklahoma to handle this for you, however I can tell you what I have found from a little research:

Public drunkenness is a misdemeanor in Oklahoma and can be punished by a fine and/or imprisonment. You can petition the court for an expungement of your record if you receive a deferred sentence from the judge, where you are found guilty but you fulfill certain requirements set by the judge (ie. paying fines and court costs, alcohol education, whatever), then, at the end of deferment, and if you fulfill the court's requirements, the case can be dismissed. Once the case is dismissed, you can petition the court for an expungement. The FBI and police will keep the record of your charge even if expunged, but you will not have to report it on employment forms and it will not show up on background checks. Expungement does not make the record go away, in other words, but it is sealed and only law enforcement can access it.

I am not sure what is done with resisting arrest, although if it goes along with the public drunkenness, I assume it is also a misdemeanor.

Wait for other posts and, again, it is best to have an attorney handle this for you so that you know it is done properly.

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[seniorjudge]

Originally Posted by unknown10252

What is the name of your state? Oklahoma

I was recently arrested and charged with Public Drunkenness and resisting arrest. I’m 21 and am not a big drinker, but I made a big mistake and had too much to drink. I don’t remember being arrested anything that happened until I woke up in jail the next morning. I paid my bail of 684 and was allowed to leave. I need to know what I need to do to get this taken care of. Do I hire a lawyer? Is their any way that I can get my record expunged? What do I do?

Clearly, you are an alcoholic.

If you start going to AA and have your sponsor go with you to court, it will impress the judge that you are taking this problem seriously.

[quincy]

Clearly an alcoholic???
I remember in college sitting down for a game of Monopoly with friends and a pint of Lime Vodka. The next thing I remember is waking up in the morning ON the Monopoly board, with an empty bottle of Lime Vodka next to me and a hotel and metal hat stuck in my cheek. I think I must have ended the game. Anyway, I am clearly NOT an alcoholic - I just loved that Lime Vodka (although not since that night )

[xylene]

Originally Posted by quincy

Anyway, I am clearly NOT an alcoholic - I just loved that Lime Vodka (although not since that night )

While a minor party foul, you did not commit a serious crime during a conscious black out however.

Originally Posted by SeniorJudge

If you start going to AA and have your sponsor go with you to court, it will impress the judge that you are taking this problem seriously.

SJ:

Isn't this somewhat in conflict with the 1 on the "Seven Stories that criminal court judges hear the most" list?

[seniorjudge]

Originally Posted by xylene

...



SJ:

Isn't this somewhat in conflict with the 1 on the "Seven Stories that criminal court judges hear the most" list?

....

AA (and getting a sponsor) indicates to me that the person is serious about his problem.


I remember in college sitting down for a game of Monopoly with friends and a pint of Lime Vodka. The next thing I remember is waking up in the morning ON the Monopoly board, with an empty bottle of Lime Vodka next to me and a hotel and metal hat stuck in my cheek. I think I must have ended the game. Anyway, I am clearly NOT an alcoholic - I just loved that Lime Vodka (although not since that night )

You have posted at least two instances where you have blacked out from your alcohol addiction.

Yes, a clear sign of alcoholism.

[quincy]

Yes, mine might have been a "minor party foul", but I am thinking that just because a 21 year old drinks enough to become belligerant and then pass out, this does not make them an alcoholic - especially since unknown10252 said he was not usually a big drinker. If I had been let loose on the public streets the night of the Lime Vodka, I may very well have been in unknown's position (although, quite frankly, I can't envision that). But, drinking too much on one occasion does not an alcoholic make is all I am saying.
And at least he had the sense not to get into a car.

Hey! What was the SECOND time I posted that I had passed out???? I have no memory of that......or is that your point?

[seniorjudge]

Originally Posted by quincy

Yes, mine might have been a "minor party foul", but I am thinking that just because a 21 year old drinks enough to become belligerant and then pass out, this does not make them an alcoholic - especially since unknown10252 said he was not usually a big drinker. If I had been let loose on the public streets the night of the Lime Vodka, I may very well have been in unknown's position (although, quite frankly, I can't envision that). But, drinking too much on one occasion does not an alcoholic make is all I am saying.
And at least he had the sense not to get into a car.

Hey! What was the SECOND time I posted that I had passed out???? I have no memory of that......or is that your point?

Sorry...I confused you with the poster. I am going to have to cut down on my alcohol consumption!


What are the signs and symptoms of alcohol abuse and alcoholism?

The Mayo Clinic provides a list of signs and symptoms that indicate that an abusive relationship to alcohol exists:

* Drinking alone or in secret
* Not remembering conversations or commitments—sometimes referred to as "blacking out"
* Making a ritual of having drinks before, with or after dinner and becoming annoyed when this ritual is disturbed or questioned
* Losing interest in activities and hobbies that used to bring pleasure
* Irritability as usual drinking time nears, especially if alcohol isn't available
* Keeping alcohol in unlikely places at home, at work or in the car
* Gulping drinks, ordering doubles, becoming intoxicated intentionally to feel good or drinking to feel "normal"
* Having legal problems or problems with relationships, employment or finances

[url]http://www.helpguide.org/mental/alcohol_abuse_alcoholism_signs_effects_treatment.htm[/url]

[quincy]

seniorjudge -
unknown10252 has, indeed, two signs of alcohol abuse (the blacking out and the legal problem), but two signs alone do not make him an alcoholic. There is no indication from his post that this drinking to the point of passing out is a frequent or normal occurrence for him - on the contrary, he says he drinks very little. I would hazard a guess that it is the drinker who drinks very little normally who tends to pass out from alcohol consumption more frequently, as those with a real alcohol addiction tend to develop a tolerance of sorts for large quantities.

I think that many, many, many people can identify instances in their lives where they meet one or two of these signs - social occasions, for example, where someone nervously drinks too much. Some people become obnoxious and irritable when drunk, others fall asleep on Monopoly boards. Some people are too stupid for words and get into a car when drunk, and others are at least smart enough to attempt to walk home. If you are an ornery drunk, you may swing at anyone who attempts to control you - not wise if this person you are swinging at is a police officer.

I am certainly not condoning at all the public drunkenness or resisting arrest. I am merely pointing out that what we know of the incident does not necessarily indicate an ongoing problem with alcohol - just one night of imbibing too much.

[HomeGuru]

Originally Posted by unknown10252

What is the name of your state? Oklahoma

I was recently arrested and charged with Public Drunkenness and resisting arrest. I’m 21 and am not a big drinker, but I made a big mistake and had too much to drink. I don’t remember being arrested anything that happened until I woke up in jail the next morning. I paid my bail of 684 and was allowed to leave. I need to know what I need to do to get this taken care of. Do I hire a lawyer? Is their any way that I can get my record expunged? What do I do?

**A: move to another country.

[elmuchoprez]

Originally Posted by seniorjudge

AA (and getting a sponsor) indicates to me that the person is serious about his problem.

seniorjudge, for my own enlightenment, are you an actual Judge somewhere or are you just speaking in general terms?