Can I be charged with a public intoxication, if I was on a friend's property? 10 Answers as of June 18, 2013

I was at a friend's house and went outside. The officers asked me, from outside of the gate, if I had been drinking and I told them I had been last night. They asked me to come to their car, which I would think is public and proceeded to arrest me there. They also went into my friend's house, without reason, and I was wondering if any of this is allowed or legal and whether or not I have a chance to beat this in court.

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Universal Law Group, Inc. | Francis John Cowhig
Possibly, but your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 11/1/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
All you had to do was WALK AWAY. WHY did you answer the copsters? You arrested yourself. They had no probable cause to enter the property. Fight the arrest by trying to squash the illegal search.
Answer Applies to: Michigan
Replied: 10/31/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well I would want to see the exact statute that they charged him under sicne this could make a difference.
Answer Applies to: Michigan
Replied: 10/31/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You need an attorney.
Answer Applies to: California
Replied: 6/18/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes you can, because it is up to your lawyer to show in court that you were not in a "public" place.
Answer Applies to: California
Replied: 10/31/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    What state did this occur in?
    Answer Applies to: Washington
    Replied: 6/13/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Get a clue. The police were not just driving by and decided to stop for a chat, and discovered that you were intoxicated. The police were probably called by the neighbors because the drinking party was loud, or after hours. The police responding to the scene decided to have a coversation before they entered the premises, and you obliged by explaining that you were drinking the night before. Intelligent lawyers guess that that means the police spoke to you about 2:00 a.m. and you reported that you were drinking the night before (three hours earlier). If you appear underage, then the police will proceed to the house because someone is serving alcohol to minors. No one is stupid.
    Answer Applies to: Georgia
    Replied: 10/31/2012
    Hamblin Law Office | Sally Hamblin
    If you are of legal age to drink, and was on private property, a charge for public intoxication is not correct.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It sounds like you have a consensual encounter with the cops, which is legal. As far as the friend and his house it is hard to tell without knowing more. Get a lawyer and keep your mouth shut.
    Answer Applies to: Nebraska
    Replied: 10/31/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Only an attorney who has completely investigated the facts can answer.
    Answer Applies to: Florida
    Replied: 10/31/2012
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