PUBLIC INTOXICATION ON PRIVATE PROPERTY?

Q: If I am arrested for public drunkenness and disorderly conduct, can I fight it? I was on private property, was not read Miranda rights.

A: Miranda warnings do not apply if you were not interrogated. Yes, you can fight the case. You should talk to an attorney as there may be an alternative available for you. If you fight the case, hire a court reporter to record the testimony if it is not electronically recorded by the court. Generally, you cannot be convicted of public intoxication if the conduct was not done in public. If your actions on the private property were visible to the public, or audible to the public, then that is another story.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.