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Potential Defenses for a Public Intoxication Charge in Georgia

Potential Defenses for a Public Intoxication Charge in Georgia

Written on June 23, 2021. Posted In Uncategorized

If you were arrested and are facing a public intoxication charge in Georgia, you might wonder how serious this type of charge is. Once you learn that it can be a serious charge that affects your criminal history and carries fines and penalties, you may be wondering if you should hire a criminal attorney to defend you. A criminal attorney can raise defenses that may help the charges get reduced, dismissed or help you to be found not guilty of the charge. Here are three common defenses used against a public intoxication charge in Georgia.

You Were Not Intoxicated

One of the most common defenses to a public intoxication charge is that you were not intoxicated. Many medical conditions can cause you to have symptoms that mimic being drunk or high. You may also have been defending yourself against someone acting irrationally. Anxiety, fear and adrenaline may all also cause you to appear to be intoxicated or irrational to someone who does not know better. Unless the courts can prove that you were intoxicated, they may face an uphill climb, which can be a great defense.

You Were Not Loud, Profane or Vulgar

Another common defense for public intoxication is that you were not being loud, profane or vulgar, nor were you a threat to yourself and others. A police officer cannot simply come into a bar and arrest anyone who may be tipsy or drunk. You need to be doing certain things in public to warrant this type of charge. If there are witnesses or security camera footage that shows that you were minding your own business and not doing anything that could be construed as being loud, obnoxious, profane, vulgar or harmful, the charges against you may not be warranted, even if you were drinking.

You Were Illegally Arrested

The final defense to a public intoxication charge in Georgia is that you were illegally detained or arrested. Police officers have to follow specific steps and laws when arresting someone. They have to have probable cause to even approach you and talk to you. If they did not follow the laws when they arrested you, they might have illegally detained you, which is cause to get your case thrown out. An attorney would have to present this evidence to the district attorney and/or a judge in order for them to hear the concerns and potentially dismiss the case or throw it out of court.

If you were charged with disorderly conduct or public intoxication in Georgia, you likely want to get out of jail as soon as possible. Once you have been given a bail amount, you need to find a bail company to get you out promptly. At Free at Last Bail Bonds, we understand the importance and urgency of reuniting families. If you or a loved one needs our services, we are here for you 24 hours a day at 470-410-3409.

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