As an Atlanta public intoxication attorney, W. Scott Smith is highly experienced and fully qualified to help protect your rights in the instance of an arrest in these circumstances. It’s crucial that your attorney knows all of the potential options in play, in order to guard your best interests and insure that a just verdict is reached.
In the state of Georgia, public intoxication is officially recognized as public drunkenness, a Class B misdemeanor, under Georgia Code Title 16 Section 16-11-41, which reads:
“A person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language, is guilty of a misdemeanor.”
This means that you do not necessarily need to be drunk in order to be charged with public drunkenness. In many instances, defendants make matters worse by arguing with police officials and resisting arrest, which can add further charges on top of what you’re already facing.
Under the First Offender Act, without prior felony convictions, you should be able to plea nolo contendere, which accepts the penalty of probation without the judgment of guilt. The arrest record is sealed and employment and background checks would not reveal the arrest.
On its own, without the First Offender Act, public drunkenness can bring a 90 day jail sentence and/or a fine of up to $1,000. An Atlanta public intoxication attorney will help guide you through this process, however, and provide adequate solutions such as entering an alcohol treatment program or providing community service.
Of course, it’s important to recognize that this is the state code, and that counties or municipalities have the right to pass further laws or restrictions within their own limits.
You must protect your rights and your best interests at all times. Call us today at 404.581.0999 and we’ll provide you with a free case evaluation and advise you as to how we can successfully take up your case as your new Atlanta public intoxication attorney.