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Unfair public intoxication charge. It was the end of the month and I feel as though it was for a quota. I was walking home.

Auburn, AL |

I have been charged with public intoxication in auburn alabama but feel as though I was not intoxicated by any means. It was the last day of the month and I was walking down the university concourse by myself and a cop car comes up and arrests me. I do not have the money for a lawyer or to even pay the court fees as of right now, since I am a student. What should my course of action be when I go to court, I am thinking of pleading not guilty and get a court appointed lawyer if they can give me one. Also when I was 18 and 20 I was arrested for public intoxication but used the youthful offender and everything is off my record. Will those previous violations hurt my chances of getting this dropped. Also I asked five separate times to be breath tested or anything to prove my innocence.

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Attorney answers 1


The charge of 'public intoxication' is classified as a 'violation' under the Alabama Criminal Code.
Code of Alabama, 1975, section 13A-11-10, "Public intoxication" states: "(a) A person commits the crime of public intoxication if he appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity."

If you are now 21 years of age, you are not eligible to apply for Youthful Offender status. It is highly unlikely the Municipal Court for the City of Auburn will appoint you a "court appointed lawyer." Under current criminal procedure, a trial court is only required to appoint a court appointed lawyer where there is actual incarceration entered by the trial court and the defendant is indigent. The term "indigent" means you have no financial resources whatsoever and you have no present or future ability to retain an attorney. The municipal court administrator is Mr. Brad Bass. He is a highly competent and efficient court administrator. You may wish to contact Mr. Bass on this issue.

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