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remaining after forbidden and DTP by intoxication

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dfurb

Junior Member
What is the name of your state? LA

About 3 weeks ago I was at a sports bar and had to much to drink. I step outside to talk on my phone, when I attempted to go back in the bouncer told me I couldn't return because I looked to drunk. I still had a tab open inside and my friend who was driving me that night was in there. So I went in the other door, was in the bar another 5-10 minutes and then we were on our way out the front door when the bouncer who denied me earlier came up to me with a police officer. The officer put my right arm behind my back and led me outside, when reached the sidewalk he shoved me and I tripped over the curb and fell down. At this time I was very upset, and I got up and yelled "don't you ever push me like that again". I began to walk with my friend to the car when the officer came up behind me and cuffed me.

I was charged with remaining after forbidden and disturbing the peace by intoxication. I was in jail for about 5 hours and paid the $400 bond.

My main problem is that this happened in Louisiana where I was living. I was celebrating that night because I got a new job in Pittsburgh where I now live. I called the prosecuters office to see if there was any way I could get the situation resolved in the 2 weeks before I had to leave, but they could not help me, the prosecuter had not yet reviewed my case and did not know what I would have to do yet.

What I was wanting to know is: does it sound like i'm going to have to go back to louisiana for court, and is there anyone I could possibly talk to about just mailing them money for the fine? I plan on pleading guilty if it will end this quickly, and this is the first time i've been arrest.

Also what kind of penalty am I looking at for this?
Should I get an attorney?
Could an attorney possibly make a deal with the prosecutor to keep me from flying cross-country for court?

Thanks
 


JETX

Senior Member
dfurb said:
does it sound like i'm going to have to go back to louisiana for court
If you want to plead not guilty, yes.

and is there anyone I could possibly talk to about just mailing them money for the fine?
Yep. Contact the court.

Also what kind of penalty am I looking at for this?
No one can answer that as each case, and court, is different.

Should I get an attorney?
An attorney would likely be able to minimize the 'ordeal'.

Could an attorney possibly make a deal with the prosecutor to keep me from flying cross-country for court?
Probably.... especially if you plan on pleading guilty.
 

brent0025

Member
Public intoxication.......Is the dumbest law out there... Its a law when you are not really breaking the law and the police officer cant think of any other reason to take you to jail. In fact I think its the only law that is a class C midsmeanor where you can actually got to jail for. Dont sweat it... More then likely you will get time served and its done with.. If you are worried it will be on your record its a class c midsmeanor which is like a speeding ticket. Only worry about it if your job or future job will be checking your driving record and then it will show up.
 

brent0025

Member
Oh yea, remaining after forbidden, never heard of that law. Are you sure this police officer wasnt making up laws as he wanted too...LOL!!!!
 

JETX

Senior Member
brent0025 said:
Oh yea, remaining after forbidden, never heard of that law.
Then you shouldn't have posted.

The 'remaining when forbidden' statute is Louisiana's equivalent to trespassing.
The statute:
§63.3. Entry on or remaining in places or on land after being forbidden

A. No person shall without authority go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any structure, watercraft, or any other movable, or immovable property, which belongs to another, including public buildings and structures, ferries, and bridges, or any part, portion, or area thereof, after having been forbidden to do so, either orally or in writing, including by means of any sign hereinafter described, by any owner, lessee, or custodian of the property or by any other authorized person. For the purposes of this Section, the above mentioned sign means a sign or signs posted on or in the structure, watercraft, or any other movable, or immovable property, including public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place or places where such sign or signs may be reasonably expected to be seen.

B. Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned in the parish jail for not more than six months, or both.

Source: http://www.legis.state.la.us/lss/lss.asp?doc=78590
 

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