Top Clayton, DE Public Intoxication Lawyers Near You

Public Intoxication Lawyers | Smyrna Office | Serving Clayton, DE

22 South Market Street Plaza, Smyrna, DE 19977

Public Intoxication Lawyers | Dover Office | Serving Clayton, DE

19 South State Street, Suite 100, Dover, DE 19901

Public Intoxication Lawyers | Dover Office | Serving Clayton, DE

308 South State Street, Dover, DE 19901

Public Intoxication Lawyers | Dover Office | Serving Clayton, DE

46 The Green, Dover, DE 19901

Public Intoxication Lawyers | Dover Office | Serving Clayton, DE

250 Beiser Boulevard, Suite 202, Dover, DE 19904

Public Intoxication Lawyers | Dover Office | Serving Clayton, DE

34 The Green, Suite G, Dover, DE 19901

Clayton Public Intoxication Information

Lead Counsel Badge

Lead Counsel Verified Attorneys In Clayton

Lead Counsel independently verifies Public Intoxication attorneys in Clayton and checks their standing with Delaware bar associations.

Our Verification Process and Criteria
  • Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
  • Good Standing Be in good standing with their bar associations and maintain a clean disciplinary record.
  • Annual Review Submit to an annual review to retain their Lead Counsel Verified status.
  • Client Commitment Pledge to follow the highest quality client service and ethical standards.

Find a Public Intoxication Attorney near Clayton

What Is Considered Public Intoxication?

Charges of public intoxication are generally the result of being obviously drunk on alcohol or under the influence of other drugs while in a public setting, be it on the sidewalk, at the park or elsewhere.

Due to the connection between drugs and alcohol and addiction, public intoxication itself is not always considered to be a criminal offense worthy of charges, but rather an indication that an individual should be diverted toward addiction services or some other form of support group (a medical approach versus a punitive approach).

Public Intoxication Charges

Public intoxication charges can occur when a person is visibly drunk or under the influence of drugs in public. The specific definition and punishments of public intoxication may vary by state. Depending on the specifics of your case an attorney can explain the charges to you and discuss the various possible defenses to your case.

Disorderly Conduct vs. Public Intoxication

While public intoxication charges and disorderly conduct charges often appear at the same time, depending on the circumstances of the alleged offense, the two charges are quite different.

Disorderly conduct charges involve an offender who may have been:

  • fighting or causing any form of tumultuous and undesirable public conduct
  • shouting or yelling loudly to disturb the common peace and not stopping after being asked disrupting a lawful assembly of individuals
  • otherwise acting improperly to an aggravating or reckless degree

Public intoxication, meanwhile, does not always involve outwardly offensive behavior other than the act of being severely intoxicated. For example, if you are passed out on a park bench after a night of drinking, you could potentially be cited for public intoxication. However, if you are arrested after starting a verbal argument with a fellow bar patron and making a scene, you could face both charges depending on the jurisdiction

Have You Been Charged With Public Intoxication?

Public intoxication charges are no laughing matter. Though the charge is usually a misdemeanor, you will want to hire an attorney. A skilled public intoxication attorney can help defend you against these charges.

How Serious is a Public Intoxication Charge?

There is no charge related to public intoxication at the federal level but state laws vary greatly in how it’s treated.

Some states do not consider public intoxication a crime while others prohibit the criminalization of being drunk in public in terms of municipal laws as well. In these states and others like them, if you are found severely intoxicated in public, you are instead taken to a treatment facility. However, some states do consider public intoxication to be a viable category of criminal behavior.

In any state where a public intoxication charge is considered a criminal offense, a conviction can mean a permanent criminal record, making it a serious charge. In most states, the only responses available to remediate a past criminal conviction are expungement, expunction, sealing of the record and in some cases, a full pardon.

Is Public Intoxication a Felony or a Misdemeanor?

In almost all cases, a charge of public intoxication is classified as a misdemeanor. That being said, public intoxication is commonly an “add-on” offense in situations involving assault, battery, rape, sexual assault and other, more serious crimes when drugs or alcohol are involved to a material degree (in jurisdictions allowing for the charge).

Public intoxication is typically classified as either a Class B or Class C misdemeanor.

How Much is the Fine for Public Intoxication in Delaware?

The fine attached to each charge of public intoxication varies from state to state, but generally ranges from $250 to $1,000.

Can You Fight a Public Intoxication Charge?

It is possible to fight a public intoxication charge. As with all criminal charges, it is strongly recommended that you secure adequate legal counsel before proceeding to trial — if a trial is necessary.

Not only can a skilled criminal defense attorney outline the options available to you, but attorney-client privilege protects the discussions you have with your lawyer, giving you the opportunity to divulge all material facts and evidence in support of developing a strategy for your defense.

A criminal record is certainly an undesirable outcome for those facing charges related to public drunkenness or public intoxication, therefore, if you are accused of such offenses you should engage a defense attorney’s services immediately.

Depending on how severe the circumstances surrounding the proceedings of your individual case are, a skilled attorney may be able to negotiate a diversion program, addictions counseling or other, less criminally onerous solutions from a judge (or even the prosecution before taking the case to trial).

How an Attorney Can Help

An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.

Top Questions to Ask a Lawyer

  • What is the usual process to resolve my case? How long will it take to resolve this?
  • What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

How much does it cost to hire an attorney?

In general, how much an attorney costs will often depend on these four factors: billing method and pricing structure, type of legal work performed, law firm prestige, and attorney experience. Depending on the legal issue you are facing, an attorney may bill you by the hour, settle on a flat fee, or enter into a contingency fee agreement. The type of legal work you need help with will also play a role in cost incurred.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.

Page Generated: 0.19441103935242 sec