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When arrested for public intoxication shouldnt i be read my rights??!!?
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When arrested for public intoxication shouldnt i be read my rights??!!?

to start off i am a college student in houston, i was visiting another college in "prairie view" for a volley ball tournament... "PV" won and me and a group of friends know about everyone on the team so we stayed and celibrated with them later that night...we were inside their apt. and we had a couple of drinks...well needless to say the campus police showed up and thats when things got interesting i was asked to step outside of the apt by one of the officers and when i did i was arrested for P.I. and even further more i was not read my rights. i was upset because i was not even drunk (it was only 12)...my second question is this what actually constitutes Public Intoxication...because the other student that was arrested was vomiting and didnt really know where he was...while i had only had a few drinks....


    




RScott
Rating
Dude, you can SO beat that in court. I hope you plead innocent. Get a lawyer. If you can't afford one, ask for a jury trial. By that time, the prosecutor will get a hold of you and try to get you to take a plea agreement. Try to get them to plead it down to a lesser charge (I dont know what that would be) and to have the record SEALED IMMEDIATELY. That means if a future employer looks at your criminal history, this offense won't show up. IF you can do that, then who cares if you get convicted or not? The fine will be minimal and you won't be serving any jail time. If you can't do that, go to trial.

Research this online more, but basically, they have no case whatsoever if they CANT proved that you were intoxicated. The burden of proof is on THEM, not you.

Now..They COULD tag you with underage drinking if you are under 21, keep that in mind and plan you strategy accordingly


Smurfetta
Public Intoxication, also known as "drunk and disorderly conduct", is a summary offense in many countries.

Typical offenders are those who are obviously intoxicated and making a public nuisance of him or herself. Intoxication in and of itself is not illegal - a person must also fulfill one of the following criteria in order to be arrested:
Being a "public nuisance;" that is, he or she is acting in such an obnoxious manner as to cause a public disturbance (such as instigating a fight or "mouthing off" to police);
Being a danger to others, such as fighting or attempting to drive while drunk; or
Being so intoxicated that he or she is a danger to himself, i.e. he or she is vomiting due to alcohol poisoning.
Typically, the police would put the intoxicated person in jail (often referred to as the "drunk tank") until he sobers up and then issue a fine. Punishment may be more severe if other illegal acts, such as assault or drunk driving, also occur.
This offense is sometimes known as "drunk in public" or "drunk and disorderly."
At the time your were arrested they were not legally obligated to read you your rights at the scene.
Retrieved from "http://en.wikipedia.org/wiki/Public_int...
The person in custody must, "prior to interrogation", be clearly informed of his rights.

The Miranda warning is a police warning that is given to criminal suspects "in police custody" in the United States "before they are asked questions" relating to the commission of crimes. Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings.


*****
You probably were read your rights, but you were too drunk to realize it.


Maverick
Rating
you " celibrated " too much you kant member wha hapen !
You had one too meny drinks : )


leecapt05
Rating
The Miranda warning only has to be read if the police are going to question you. Also, drunks always say they have only had a few/couple. My advice don't get drunk!


angelsweetp2u
Rating
Rather than an answer to this question as it seems that several already know the correct answer ( no, you do not have to be mirandized unless you are being questioned about the commission of a crime). I would like to respond to troyattroy and the other 'answerers' who were trying to get the guilty party off 'free'! Why is it that the cops are always good enough when you are in need of help or someone stole something that belonged to you, but any other time they are just someone for you to 'criticize' and 'badmouth'? Is it possible that you have had some 'run-ins' with the law due to something illegal that you were doing? hmmmm Something to think about. Maybe next time you want some help because someone stole your car stereo, think about who 'tried' to help you get it back.


NATIVE NEW YORKER
Rating
see, maybe you don't remember being read your rights....or, were you not arrested but just detained? there's a big difference between the two.


MR.D LOVE
Rating
Yes. Whenevr placed under arrest you must be read your rights. Even if your knocked out.


Ranger473
Miranda warning is only given when you are questioned about a crime. It is not needed when you are arrested or cited.


lacrosseo1
Rating
they probably read you your rights but you probabbly just dont remember. but if they didnt your case may be droped in court. P.I is anytime your intoxicated in a public area.


troyattroy
This is America. The rights of citizens are dwindling. The police have all the rights to do pretty much what they want with you. Its common for a police officer to create frivolous charges against persons. You can get a lawer to fight the charge but you'll find in the long run you might as well just plead guilty and give the courts the money they want. Its all about money nothing more nothing less. For the officer its basically a power trip and another notch to put in their belt for promotion benefits on his behalf.


Dew
Rating
yes it is the law that they read you your rights.alot of cases get thrown out of court because the police to don't read them there rights. Good Luck


robbet03
Rating
Any time a person is arrested they should be read their rights. That being said, if you try to bring it up in court, it will be your word versus the police officer's and a judge is more likely to believe a police officer than someone who was possibly drunk at the time.





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