Legal Question in Criminal Law in Virginia

Hello, I was just charged with an intoxication in public offense and I was wondering what ways can I fight it. And when I got o court, will they ask me if I can get a lawyer? And if I am charged, how will it affect me going to college and job offers? I tripped in a IHOP resturant late one night (I had on like 5 inch heels) and then they asked me to leave, as we were leaving out, I was talking a lot of mess,like the police man was racist, and why do I have to leave ,etc. and I cursed. I was not extremely loud but regardless I followed his orders and headed out the door and they folloed me and I was still talking, but I was outside and I was not talkin to the police officer, I was talking to my friend. I did drink that night, but what can qualify as intoxication? Because I tripped over my heel sand cursed in public? They never tested my level of intoxication in any way. And as me and my friend were leaving, the police man pretty much tackled me to the ground and busted my lip. And there are witnesses to say that it was completely unecessary because I was severely bleeding. While in prison, the guards verbally abused me by calling me a "sideline hoe" and I asked for a blanket and a officer brought it to my window, and then said"Um nope, nevermind" and walked away laughing. I was shivering cold and was still freezing cold when I got out the police asked why I was so cold. They refused me ice for my bleeding lip. I am going to call and put in a complaint. Or would they hold that against me if I do . I am so confused. Please help!


Asked on 12/14/09, 10:50 am

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

Yes, you could certainly "put in a complaint" regarding your alleged treatment while detained in jail cusody, and it might actually serve to get your DIP (drunk in public) charge dismissed. However, whether it would be worth your hiring an attorney to contest the charge, is something that only you could decide. (The

court would not appoint counsel to represent you since DIP is no longer a jailable offense for one who is convicted of it. Maximum fine I believe is $500.)

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Answered on 12/20/09, 8:16 pm


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