Legal Question in Criminal Law in Virginia

Va Crime Code OBS-3712-04 Profane Swering or intoxication in public

What should one expect in regards to fine/punishment for a 1st time ofender. Should one get a lawer before appearing in court? This happened at a park. I fell out of my Kyak in cold water and may have cursed. Earlier I had a little too much to drink. Someone called the police and I was arrested and charged. I was not given a brethelizer and I don't know who heard me curse. So when I go in front of the judge should I explain about falling in the cold water? Please respond quickly- I have to appear in court in 3 days. I appreciate your time.

Thak You very much.


Asked on 4/08/07, 2:34 am

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

Re: Va Crime Code OBS-3712-04 Profane Swering or intoxication in public

I do not recognize the statutory citation referenced in this question. Sec. 18.2-416 of the Virginia Criminal Code concerns use of abusive language to another(or language calculated to cause a breach of the peace). DIP(Drunk in Public)is a local ordinance offense and separate from the other.

However, whatever the charges actually are, they appear dubious and should be vigorously resisted, unless there's more involved in terms of your culpability that what is suggested in

your description of this matter.

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Answered on 4/08/07, 7:33 am


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