If my son was arrested for public intoxication last night, do we have to hire a lawyer?
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If my son was arrested for public intoxication last night, do we have to hire a lawyer?
He received abrasions to his face during the arrest and did not receive a breath test. He has no priors.
Asked on December 21, 2013 under Criminal Law, Indiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If he has no priors and it sounds like he was tusseling with the police, it may be best to hire an attorney. Often a breathalyzer may not be needed if he has not been able to walk or was beligerent and showed probable cause to be arrested. The attorney, however, may be able to plea it down or have it dismissed if in fact no breathalyzer was given. See if there was a video taken at the scene. If not, there may be hope. Your son could qualify for a delayed conviction so that it can be later expunged from his record, as well.
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