Guilty until proven innocent

[AAF]

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

In essence, I am facing jail time and a hefty fine up to $800 for walking home from the bars, with my shirt off. I had 5 beers within 7 hours.
Even though I was not legally drunk, I am being charged with public intoxication/disorderly conduct (648.04) because I "appeared" to be staggering and I smelled like alcohol.
Apparently, according to the prosecutor, they don’t have to provide any proof and if I argue my innocence, it is assumed to be a lie...and the burdon of proof is with me.

I just returned from a pre-trial hearing. Instead of going before the judge, I was instead pulled aside to speak directly to the prosecutor.
I am 22 years old. In May (last day of finals), I was out with friends. Throughout the course of the evening, from 7PM – about midnight, I had 5 beers. From, midnight until approximately 12:30, I drank water. I was tired and ready to leave, but couldn’t find my friends, and my phone was dead. So, decided to walk home. (it would take me about an hour). At one point, I was hot so took my shirt off.
Anyway, when I was nearly home, a police officer stopped me. Then another car pulled up…then another. 3 police cars for one person walking? They mentioned they smelled alcohol. They didn’t ask if I had been drinking. They didn’t give me a sobriety test and they didn’t give me a breathalyzer test. I am sure you could smell beer….beer can be detected after two beers.
But, I was not legally drunk. I have no proof, but neither do they. HOWEVER, now I am being told by the prosecutor that they don’t have to have proof….that their word is all that matters. I am told that if I go to trial and found guilty that I could spend 60 days in jail and pay an $800.00 fine!

I am confused with the legal system. Do we live in a police state? I wouldn’t fight it this far if I was guilty….but I am not guilty, but am basically being told by the prosecutor that they think I am guilty and that they don’t have to prove it. Heck, prosecutors couldn’t prove Casey Anthony was guilty, but I am being told that since the police thought I was, then it must be true and they don’t have to prove anything. Where is the justice in that!?!?!?
Advice please! And don’t simply say… “get an attorney”. I am looking for some solid advice. The system seems to be messed up.

 

[xylene]

Prosecutors lie.

Plead not guilty and get a lawyer.

The reality is that in Ohio this is a serious charge and you need a lawyer. You should have had one at the pre-trial conference... which is why the prosecutor treated you like a punk.

 

[AAF]

OK. I may have messed up while talking to the prosecutor.
He told me that I could do this "First Offenders" program.....go to some classes, maybe attend AA, and have a probation officer for 6 months. Then they would drop all charges.
If I don't get approved for the program, then I will continue along the same course and go to trial.

Should I call and say that I just want to go to trial? (and then get an attorney)

 

[racer72]

Should I call and say that I just want to go to trial? (and then get an attorney)

Get the attorney first.

 

[AAF]

I am beginning a search for an attorney. It is just very disheartening to realize that our legal system has become what it has become.

Going in, I had researched the fines/punishment. All I could find was a maximum $150.00 fine and no jail time.
But, I became a little freaked out when the prosecutor told me I could face up to 60 days in jail and up to $800 in fines. I can find no where to indicate that he was telling me the truth. I think he was just misleading me to try to get me into the diversion program.
It appears that the courts are no longer about justice, but about making money.

I know I am innocent. But, that doesn't seem to carry much weight.
I had a "physical control" conviction 2 years ago, and because of that, I have been extremely careful and aware of my circumstances.
But, because of that conviction, I probably will not be eligible for the diversion program, anyway.

 

[Zigner]

...I am being charged with public intoxication/disorderly conduct (648.04) because I "appeared" to be staggering and I smelled like alcohol.
Apparently, according to the prosecutor, they don’t have to provide any proof and if I argue my innocence, it is assumed to be a lie...and the burdon of proof is with me.

Not true at all. The evidence they have is the testimony of several competent witness who have no stake in the outcome of your case. Furthermore, presumably, these witness have training in recognizing the effects of alcohol on a person.

Your burden will be to overcome the weight of their testimony.

 

[CdwJava]

What jurisdiction is this? Since this appears to be a municipal code rather than a state code, it helps to know the jurisdiction for purposes of penalties.

Clearly you were causing a disturbance, staggering, or performing some action that caught the attention of the police. I doubt that they will agree you were merely strolling along calmly and they randomly decided to jack you up.

So, what is it that you believe they will claim you were doing to attract their attention?

 

[AAF]

If I understand you correctly, then what I said is true. It is my word against their word....and their word will carry more weight. Because, the only "proof" I have is my word. I have no witnesses.
I am not disputing that I had consumed alcohol. But, I am disputing that I was intoxicated and that I had created a condition which presented a risk of physical harm to myself or another, or to the property of another.
Afterall, I had already walked 45-60 minutes and I believe that if I was intoxicated, I may have already "fallen off the sidewalk into on-coming traffic" (as the officer suggested could happen). All I was trying to do was get home.

(b) No person, while voluntarily intoxicated shall do either of the following:
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another

 

[Zigner]

... I believe that if I was intoxicated, I may have already "fallen off the sidewalk into on-coming traffic"...

Maybe you did and just don't remember...

 

[CdwJava]

If I understand you correctly, then what I said is true. It is my word against their word....and their word will carry more weight. Because, the only "proof" I have is my word. I have no witnesses.
I am not disputing that I had consumed alcohol. But, I am disputing that I was intoxicated and that I had created a condition which presented a risk of physical harm to myself or another, or to the property of another.
Afterall, I had already walked 45-60 minutes and I believe that if I was intoxicated, I may have already "fallen off the sidewalk into on-coming traffic" (as the officer suggested could happen). All I was trying to do was get home.

(b) No person, while voluntarily intoxicated shall do either of the following:
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another

One of the first things to go when a person consumes alcohol is judgement. And all because you may have been fortunate enough not to fall down and go boom earlier does not mean you were safe to walk home - only lucky. Or, your BAC was still rising.

In any event, the officers did not simply stop you for no reason, something you were doing drew their attention. It is that observation and action that you will have to address.

 

[AAF]

the jurisdiction is Cleveland Heights, Ohio.

No....I did not already fall off the sidewalk and just don't remember. I recall everything about my walk home....especially thinking how I misjudged how long it would take.

What drew their attention to me? I had my shirt off. They even wrote that on the ticket. It was a humid evening, I sweat profusely, and I really didn't realize that would be a problem. (now I do)

I recall everything about my conversation with the officer. I was very polite.... telling him, "sir, I'm just trying to get home". We had no altercations. I honestly thought he was just making sure I was OK....
He didn't perform any sobriety test or breathalyzer. He didn't ask if I had been drinking.
He told me that it appeared as though I was stammering.
I wasn't stammering. I walk very slowly (I stroll), it was dark, the sidewalk along there is somewhat uneven.

 

[Zigner]

the jurisdiction is Cleveland Heights, Ohio.

No....I did not already fall off the sidewalk and just don't remember. I recall everything about my walk home....especially thinking how I misjudged how long it would take.

What drew their attention to me? I had my shirt off. They even wrote that on the ticket. It was a humid evening, I sweat profusely, and I really didn't realize that would be a problem. (now I do)

I recall everything about my conversation with the officer. I was very polite.... telling him, "sir, I'm just trying to get home". We had no altercations. I honestly thought he was just making sure I was OK....
He didn't perform any sobriety test or breathalyzer. He didn't ask if I had been drinking.
He told me that it appeared as though I was stammering.
I wasn't stammering. I walk very slowly (I stroll), it was dark, the sidewalk along there is somewhat uneven.

Sober people walking along the same section of pavement probably don't have a problem

 

[AAF]

If there is an attorney out there, could you please help me with some information.
I am trying to find out if this is a MM or M1.
I spoke to the Shaker Heights court house, and was shocked to be told that all their disorderly conducts are considered M1.

The ordinance is 648.04b2:
648.04 DISORDERLY CONDUCT; UNREASONABLE NOISES.
(b) No person, while voluntarily intoxicated shall do either of the following:
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another.


I am trying to find out the penalties...but they couldn't answer that question.

How can this be an M1?

 

[HighwayMan]

One of the first things to go when a person consumes alcohol is judgement.

Maybe that's why this question was posted under traffic law when there was no vehicle involved!

 

[skydakota]

You are not guilty

You are not guilty of anything, walking home and not operating a vehicle, whether under the influence of alcohol or not, does not make you guilty of violating any statute, nor doe sit justify you being faced with charges. Unfortunately, in your age bracket, the legal system takes in guys your age as their prey...it is a money-making scheme for them, and they love to intimidate. Yes, it sounds sick, but that is what the system has become. Do not try to represent yourself in court because the prosecutors are a ruthless group. Get a lawyer and do not cave in to the, hold your ground, and with a lawyer you wil win this "case" and the charges will be dropped. Do not let yourself become yet another helpess victim in the 19 to 24 year-old age bracket. Think on your feet, get smart, and let justice be served. You are not guilty of anything.