Helping a friend but got arrested along with him with Drunk in Public in VA

[jholid6y]

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

Here’s my story: My friend used an employee bathroom of a liquor store and the manager called the Cops bec he failed
to ask permission to use the bathroom (he flushed it! Didn’t make any mess). The cops came and questioned him (outside the store).
As he was being questioned, I was inside the liquor store buying alcohol. I went outside to talk to both the cops and my friend to
understand the situation. The cops told me to get a sober driver to pick both of us up bec. I told them that I had a few beers and
that I was not the driver. So I called our driver, but she was busy buying more stuff for the party, then the cops both arrested us.
The Cops didn't even give me a chance to call a cab or enough time to find her.My understanding was that, VA laws, states that (18.2-388)
if a person profanely curses or swears or is intoxicated in public, He shall be deemed guilty of class 4 misdemeanor. I've done none of them!
I feel like I have a strong case bec.
1) I can use the casher that sold the alcohol as my witness and I still have the receipt.
2) The cops obviously doesn’t think that
I'm intoxicated, endangering the public, or myself bec. one of them instructed me to find a driver. 3) I can use the surveillance camera to
prove that I was well behaved and obeyed every single instruction they’ve told me. What they cops have against me.1) I admitted that I drank.
Last time I checked, that was not illegal! Nothing else!
I got arrested bec. I tried to help my friend. I don’t have anything against the cops. I know that they’re there to protect me. One of them told me that they're are liable if they let me go but I don't known why.

Do I need a lawyer? What is my chance of winning if I try to represent myself? Should I talk to the District Attorney to see if they have enough evidence against me? I feel like this will get dropped. Can I go back to the liqure store and maybe asked them to write a sworn letter stating that I was not intoxicated?

I talked to several attorney and they average ~$1000. I don't feel like paying this much for trying to help a buddy

My background: Engineer, no criminal history, and high GPA. Any advice?

Thank you in advance for your prompt response!

[FlyingRon]

Huh, the cop told you you better find a sober driver, and you think they thought you weren't intoxicated?

You were arrested because you were intoxicated (by your own admission) and were inserting yourself into a matter between the police and your friend (you didn't do him any good either).
Next time before he goes wandernig off in the employee area of the state ABC store he needs to ask.

[jholid6y]

You're right. I shouldn't have been drinking and went out into the public. The cops are just trying to do their job.

[RatPackLar]

What were you exactly charged with?

What did your buddy get charged with?

You never dance with the criminal court system without a lawyer.

You may think you have a strong case, but you are gonna have to pay, for the fight.

A good lawyer can tell you, what to do.

Have your buddy, split the legal fees, get a lawyer in your city, that knows how all that al works.

Do not do it on your own, you will never win.

Until we know more about what your charges are, nobody here can really give you more then generic advice.

It may be cheaper, just to pay the fine, and see if you can cut a deal, to where if you complete the terms and condtions, they wipe it out.

Are you guys minors? If you are, thay changes everything.

Get a lawyer!

[jholid6y]

I also want to know what is their grounds for arresting me. I was not part of the situation. I did not cause any problem. Which law did I break? bec. as mentiond above, statutes 18.2-388 is not enough to arrest me? this is very subjective and I'm very confused

[jholid6y]

We're both over 21 and didn't drive. This is all that they provided me with. I tried to ask why I was arrested but they seem to not care. I didn't want to escalate the situation. therefore, i just complied and here I'm asking the question. is it advisable to contact the (District Attorney) DA to get more info about my case i.e. the evidence against me.

[RatPackLar]

Drunk in public - they can charge you with anything, then you gotta pay to fight it out.

They do not need GROUNDS to arrest you, and charge you, all they need is PROBABLE CAUSE - to detain, arrest, and charge.

Then you get to fight that in court,

Like I said before, tell us what you were charged with?, what your buddy was charged with?

Did you blow?

Are you guys minors?

Why did they let you call to get a ride, then since you could not, cause your ride was too busy planning a party, to come get you, did they arrest the both of you.

You need to tell it all, to get any adivce, that may or may not help you.

There is more to this.

Was DUI, involved?

[RatPackLar]

You need a copy of the actual POLICE REPORT - to see what they put down.

You should be getting something from the DA, charging you with this or this, and telling you when you have to show up in court

Take that to a lawyer, and let he or she, advise you from there.

Sure you can call and find out, but they are not gonna tell you all the evidence they have, against you.

These are minor charges, at best, and you have no real idea, of what you are going to be actually be charged with.

Again, did you guys blow?

Why did the cops have probable cause to arrest you two, in the first place? Did you blow?, did you take any FST's?

You say you called your friend, and she was too busy, planning for the party, to come and get you, but the COPS did give you enough time to find her? If you already talked to her, and knew, about her party plans, then why did you need time to find her?

Again, get a lawyer, and he or she, can help you more, then anybody on this site can.

[jholid6y]

Can i use that against them. They forgot to include suffix "III"

read expungement

[url]http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2[/url]

read (H)

[RedemptionMan]

Originally Posted by jholid6y

Can i use that against them. They forgot to include suffix "III"

read expungement

[url]http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2[/url]

read (H)

Oh they forgot to write your correct name on the warrant-- oh then you are going to get a away scott free man those cops sure are dopes. NOT!!!

You are in a liquor store buying liquor for a party which you have already been drinking through out the day. Why was your friend even talking to the cops? did they approach you?

This reminds me of a song I once heard, "I fought the law and the law won..."

Don't think you are smarter than them because you are not -- Lawyer up and get on with it...

[jholid6y]

[url]http://www.moderndrunkardmagazine.com/issues/02-03/02-03-battle-booze.htm[/url]

[url]http://www.prisonplanet.com/a_crime_to_drink.html[/url]

I think VA and CA still believe prohibition

[FlyingRon]

Good go it yourself and tell us how it turns out Mister High GPA engineer (I've worked as an engineer for over 25 years by the way and I've never heard anybody other than a recent graduate tout his GPA).

However, interfering with police after you have been drinking fits 18.2-388 just fine. If you'd taken the cops advice and had someone sober drive you home, you'd have dodged this charge, but your intoxicated state wouldn't allow you to behave responsibly.

[jholid6y]

I went to court as a pro se and WON! the cops was not able to prove that I was intoxicated. intoxicated = degrades your ability due to alcohol. alcohol in your system, smell of alcohol, appearance, etc. are not enough probable cause to prove you guilty.

Thank you all for your help - GOD BLESS. Drink up!

[jholid6y]

Whoever relies on the Tao in governing men
doesn't try to force issues
or defeat enemies by force of arms.
For every force there is a counterforce.
Violence, even well intentioned,
always rebounds upon oneself.

The Master does his job
and then stops.
He understands that the universe
is forever out of control,
and that trying to dominate events
goes against the current of the Tao.
Because he believes in himself,
he doesn't try to convince others.
Because he is content with himself,
he doesn't need others' approval.
Because he accepts himself,
the whole world accepts him.

[ichy]

Nice. The cops in your case sound like they went into law enforcement just so they could be dicks to others, and I'm glad your case got tossed.