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How long can you get for resisting arrest and drunk in public? how much are the fines? can they get reduced?

Garner, NC |

Well I went to a wrong house while drunk and banged on the door. the people called the cops thinking I was trying to burglarize them. I tried to run from the cops and they tazed me. was about 10 cops and then an ambulance. They called in ambulance to patch me up. and my brother was able to get me released to him since they tazed me right out side my door. 8 hours later they came and dropped off the Drunk in Public and said the printer ran out of ink. They served it to my brother instead of me.

Attorney Answers 4


  1. Need a bit more information to give you a better estimate/guesstimate for an answer; for example what's your prior record look like, is it charged as a felony, etc. You should be hearing from some NC attorneys responding to this and they might have some better information for you if you can post a bit more info. Good luck with this situation.

    William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com


  2. I'll need to know a bit more about your background before I can answer that, but the RPO charge is a class 2 misdemeanor, and the drunk and disorderly is a class 3. That said, you can probably work out a deal considering the circumstances. Contact an attorney as soon as possible.


  3. If you do not have a prior criminal history, it is very likely that you could get into a deferral program which would you to get a substance abuse assessment, follow all recommended treatment and stay out of trouble in exchange for a dismissal of the charges. Consult an experienced criminal defense attorney who practices in Wake County.


  4. Resist - a Class 2 misdemeanor which, depending on your record level, carries a maximum punishment of 60 days in jail.

    Disorderly Conduct - a Class 3 misdemeanor which, depending on your record level, carries a maximum punishment of 20 days in jail.

    With that said, I'm not informing you that you absolutely will go to jail. Hire a lawyer. While it is difficult to determine guilt or innocence based upon your version of the facts above, your attorney can address the merits of the case with you.

    As it relates to sentencing, you should immediately obtain a substance abuse assessment and complete any recommended classes ASAP. This will show the court you are taking the necessary steps to avoid re-offending.

    Court costs can vary significantly based upon the Court's sentence and plea bargaining (are you convicted on one charge, the other dismissed? If not, does the court consolidate the court costs? Is community service ordered? And more). While I don't practice law in Garner, N.C., and cannot tell you the local customs, you should be ok regarding court costs and fines if you walk in with $750 in your pocket.

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