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Should I still be charged and pay for a Public Intox charge since I was on private property and its my 1st offense?

Glenwood, AR |

I was on private property. I had to stay in jail until I payed bond or until I saw a judge. My car got towed even though it was parked on someones private lot and out of the way. The owners didn't complain so it shouldn't be towed. I talked to a lawyer and they said I had 2 options: pay them $480 only to get first offense waiver, but still have to pay $220 fine. The other option is to pay the court $1000 to make it all go away. BRIBERY doesn't seem like it should be an option since it's illegal. Please give me advice on what I should do. Court date is July 10.

Attorney Answers 3


Get another legal opinion. I seriously doubt that lawyer was suggesting bribery.

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In Arkansas, you cannot get a public intox charge on private property. There is an appellate case out of Johnson on this very issue.

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Troy L. Whitlow

Troy L. Whitlow


There is also a drinking in public charge which I think conceivably could occur in an area publicly visible or accessible, or maybe even in a vehicle. I'm going from memory so don't rely on this in Court.


I suggest you get a lawyer to represent you in court and actually fight the case or try to get it dismissed. The options you mentioned assume that you were in the wrong and they help to minimize the impact on your criminal record. But your argument is that you weren't in the wrong, Therefore, you need an attorney to advise you first on the law to make sure you are correct, and then fight the charges. The case will either be dismissed or, if you win, you will be found not guilty. If you paid the bond, July 10th will most likely be your first appearance where you will have to plead not guilty or guilty to the charges. You are then given another date for the actual trial. That will give you more time to find an attorney. If July 10 is your trial, you can ask for the judge for more time because you are looking for an attorney. Most judges will grant this. Good Luck.

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