Q: I got a class 4 drunk in public but wasnt drunk but had had a few drinks so I did have alcohol on my breathe
I was left by a friend who had both my wallet and phone. My son was with a trusted sitter home safely so when I was left I started getting extremely upset and trying to find a way bacl to him. The police were called and I was taken to the jail. I couldnt get out my thoughts fast or clear enough I guess. The magistrate also had to talk to me to calm down as he said this is less than a speeding ticket. They released me the next day but I dont think Im guilty. What am I looking at. I have NEVER been in trouble work for the county and I was more upset I was left didnt know how to get bacl home and now Im going to jail. I dont want to plead guilty to something I dont think I did
A: If convicted of a class 4 misdemeanor, you are facing a maximum fine of $250. However, under current VA law, you can never expunge (seal) your conviction. And anything involving alcohol may have a future negative influence. I suggest that you look into hiring an experienced local defense attorney who can fight this charge for you.
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A: Be Careful about prepaying the Summons. It is a Class 4 misdemeanor and will leave a permanent criminal conviction on your record. You may be able to negotiate a dismissal of the charge with a capable attorney. Or your attorney may be able to reach an agreement with the prosecutor (Commonwealth Attorney) to dismiss the charge for completion of community service hours. If no plea of guilty is entered on the record and the case is dismissed or nolle prosequi, you may then be eligible for expungement of the arrest. Contact an experienced attorney and ask for a free consultation. They may be able to handle the case for a modest flat fee.
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