Do I fight this?

Virginia Beach, Va.
Sept 5th 2008

I went out with my cousin on foot to a few small local bars at the oceanfront in Virginia Beach only about 5 blocks from my home. We had several drinks and were walking to my home around 11:00 p.m. About 3 blocks from my home, a guy across the street shouted something out at me. Not understanding what he said, I crossed the street and proceded towards the guy who was with his girlfriend. I asked him what he said and his girlfriend grabbed my arm twice and told me to leave him alone. He then ran into a bar and I followed him inside. Once inside, I spotted him and told him to come back outside. I was then thrown out of the bar and I turned around and punched the front window shattering it. The bar called the police. I then attempted to walk home and the cops showed up within seconds. The bar people pointed me out to the cops and the cop immediately cuffed me and put me in the back of his car, no questions asked. He then questioned my cousin and let him go home. While in the car, I realized my wallet was missing and I asked the cop if we could look for it, he said no. I was really upset at this point. One of the guys in the confrontation could have easily taken it out of my pocket or picked it up. The couple involved filed a disturbing the peace charge against me. The cop cited me with a failure to identify myself ticket and a drunk in public ticket. Once he got in the car, I asked him why I was arrested without being read my rights. He said I wasnt arrested, I was "detained". He issued me three tickets that all said "EXECUTED by arresting the Accused named above on this day" which clearly says I was arrested. He brought me into the 2nd precinct near my house where I waited about an hour. During this time, my girlfriend came by to get me and they would not let me leave. They then transfered me to a larger jail where I was kept overnight and released at 9 a.m. the next morning with no phone, no car, no id, and no money to get home. I started walking home in the rain and luckily someone picked me up and drove me the remaining 15 miles or so.

What I need to know is do I try to fight these charges? I was never isseued a sobriety test or breathalyzer or anything but I was held 8 hours for being too drunk... where is the proof? Also, how can I i.d. myself with no Id and no wallet? I made restitution to the bar by buying a $250 window the following week. The couple who made the complaint grabbed my arm twice and then filed a complaint against me... Any helpful suggestions as far as the law goes would be helpful. Im going to court very soon and need to know if I have a good case.

I think you've done enough fighting for awhile.

What kind of case do you think you have? You drank too much, started a fight, and destroyed property.
The police didn't violate your rights, based on your post.
They are not required to read you your rights when you're arrested. As for proof you were drunk, well your actions and demeanor gave them all they needed.
You might try AA & a lawyer.

Your kidding right?

You don't really believe you have any chance of winning, or beating these charges do you? I don't know about the failure to identify ticket, but you will never beat the drunk in public. Because you were drunk in public! Your actions prove it and most of the witnesses who pointed you out to the cops after you punched out the bar's window are probably willing to testify to the fact you were drunk, including the couple you chased in to that bar.

So what do you plan on using for your defense?

Forget about the officer not reading you your rights, he doesn't have to.

How many sober people do you know of, who have punched out a bar window?

Speak to an attorney or the public defender and see what sort of deal they can cut for you with the DA,,,

Roo said:

I think you've done enough fighting for awhile.

What kind of case do you think you have? You drank too much, started a fight, and destroyed property.
The police didn't violate your rights, based on your post.
They are not required to read you your rights when you're arrested. As for proof you were drunk, well your actions and demeanor gave them all they needed.
You might try AA & a lawyer.

Click to expand...

Well im not an alcoholic, I drink socially and havent been to a bar since the incident. I know all the charges wont dissappear. Im just seeking advice, not looking to be called an alcoholic. As far as the "fight" goes, I never hit anyone. I was the only person touched when his girlfriend tried to restrain me and he ran into the bar. Why wasnt I issued a ticket for destruction of property too? I know I have been in a case here with a friend where the cop didnt issue any alcohol tests and the judge threw it right out.

outonbail said:

Your kidding right?

You don't really believe you have any chance of winning, or beating these charges do you? I don't know about the failure to identify ticket, but you will never beat the drunk in public. Because you were drunk in public! Your actions prove it and most of the witnesses who pointed you out to the cops after you punched out the bar's window are probably willing to testify to the fact you were drunk, including the couple you chased in to that bar.

So what do you plan on using for your defense?

Forget about the officer not reading you your rights, he doesn't have to.

How many sober people do you know of, who have punched out a bar window?

Speak to an attorney or the public defender and see what sort of deal they can cut for you with the DA,,,

Click to expand...

It wasnt a hostile approach, he walked in and i walked in after him telling him to come back outside and say what he had to say. There was no physical fighting at all. I was thrown out and mad. Then I hit the window because I was all worked up.

If this is a first offense, you may get a deal for a withheld adjudication, fines, restitution, and alcohol classes. And if you stick with "worked up" then probably anger management classes as well, though you'll probably get both anyway. Try to avoid the record though if possible.

PhlawedPharmacy said:

If this is a first offense, you may get a deal for a withheld adjudication, fines, restitution, and alcohol classes. And if you stick with "worked up" then probably anger management classes as well, though you'll probably get both anyway. Try to avoid the record though if possible.

Click to expand...

It is completely out of character for me, I have nothing but minor driving infractions on my record.

I didn't say you were an alcoholic. You could have kept on walking home. Instead, you chose to follow someone into a bar and escalate the situation. Again, you had a chance to end it, but you chose to smash a window.
I'm not preaching here, I've had more than my share of alcohol related trouble in my younger days.

I suggested AA because the court may look favorably on your efforts to mitigate future problems.

I agree try a plea deal

Ever heard of sticks and stones will break my bones but names will never hurt me. First of all I agree with A.A. judges tend to like that you realise ypu may have a problem and are taking care of it on your own. As far following the guy into the bar I would really like to hear how you come you were thrown out.Kind of think there is more to the story. As far as you breaking the glass and not being arrested for it,it will probally either a civil matter or restitution. Good luck contact a lawyer or PD also the police do not have to read you your rights unless they question you not arrest you.