Legal Question in Criminal Law in Indiana

Dear Sir,

I am a Graduate International Student in Engineering at a Large University in Indiana close to my PhD graduation and looking for a job. I have good grades (GPA 3.5+) and no criminal history except for a speeding ticket i got in Ohio 2 years ago (was doing 78mph on a 65mph highway).

Last week i was in a club dancing on the dance floor. It was 2:40AM when the bouncer walked up to me asked me to leave without giving me a reason. I asked him for a reason and he told me he doesn't have to give a reason to anyone. Then i asked him his name for reporting a complaint against him with the manager and he wouldn't give me his name. Anyway he escorted me out of the club and at the exit i pulled out my camera and took a picture of him, and I told him i will show this picture to his manager the next day for unjustly targeting people and kicking them out of the club without even giving a reason. He snatched my phone, deleted the picture and waved to the cops standing outside the club, who then arrested me and i spent 8 hours in the county jail. They tested me with and my BAC was 0.167 at the jail which should be about right since i had 5 drinks that night. Now i have a court date and i am charged with public intoxication (the arrest says public intoxication and disorderly conduct but the courtview website only mentions public intoxication).

Since i am looking for jobs already, i would not want a criminal charge on my account. I could enter a pre trial diversion, which according to some peopel I have talked to, is the most common thing to do, but that would still show up as pending charge on my background check by future employers for the next one year and might interfere with my H1B processing in the future.

I feel like i was arrested and bullied by the police for no good reason.

My question is: Are bars and clubs considered as public places in Indiana. I am asking this because there was a cover charge ($5) to enter the club.

I am asking these question to decide between signing up for a pre-trial diversion or asking for a jury trial is my case is strong.


Asked on 10/20/09, 9:05 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Yes, bars are considered public places.

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Answered on 10/21/09, 10:10 am


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