Legal Question in Criminal Law in Virginia

I am 24 years old and was at my friend's hotel room that he rents by the month. I was drinking a beer and standing in the door way of his place talking to his neighbor when a cop pulled up. He asked me a question so i stepped towards him on the patio area in front of his place (where they have drank before btw and cops have come and never said a word to them about them being out there) he then asked if the beer was mine I said yes and he said did you know its illegal to have a drink in public. I answered no, I have never been in trouble with the law and have been naive to all the laws but I proceeded to tell him I was standing in the doorway and thought the patio was part of his apt. it didn't matter to him, he still wrote me a ticket for a "drink in public" (that's how he wrote it). What do I do? Should I get a lawyer and fight this? What should I expect my sentence to be in court?


Asked on 4/25/11, 2:41 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, of course, you should contest this charge as long as you were on

private property and not in a "public place" as is required to convict

one under Va. Code Sec. 4.1-308 A of this Class 4 misdemeanor offense.

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Answered on 4/25/11, 2:59 pm


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