First, in Pennsylvania it is not illegal to be intoxicated in public. Rather, one is guilty of public drunkenness if one (1) appears in any public place, (2) manifestly under the influence of alcohol or a controlled substance, (3) to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. See 18 Pa.C.S. 18 Pa.C.S. ยง 5505. From the facts you describe, it would appear that you have a defense. Second, you are required to appear at the court...
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If your boyfriend is not a U.S. citizen, there can be consequences to DUI charges, especially if he is convicted. In any case, unless he were to waive deportation hearings, he would likely be held in Berks County Prison until his matter is resolved. You should speak to a lawyer about his case right away.
I am a criminal defense attorney in Reading, PA. If you schedule an appointment with my office, I will listen to the facts and check on the status of his case for free. Jacob A. Gurwitz http://www.FeeneyGurwitz.com/
It appears that there are three types of law that apply to your case: Criminal, Civil Rights, and Immigration. As a criminal defense attorney, I will first address the criminal aspects of your case. Being a drunk pedestrian is not a crime. Rather, to be guilty of public drunkeness one must (1) appear in a public place (2) manifestly under the influence or a controlled substance (3) to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity....
If you have been convicted of a criminal offense in Pennsylvania, then you are eligible to receive the governor's pardon. Procedurally, you would need to apply to the <a href="http://sites.state.pa.us/PA_Exec/BOP/">Commonwealth of Pennsylvania Board of Pardons</a>. Ideally, the application process will lead to hearings and ultimately a pardon or commutation of sentence. Of course, the devil is always in the details. One must successfully navigate the procedural and evidentiary...