West Jordan, UT asked in Criminal Law for Utah

Q: I have never been to jail till Halloween , I was intoxicated in the home I reside, how much trouble am I looking at?

I don’t make this a habit, I’m not a drinker yet I drank to much and blacked out so to speak

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1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Based on the extremely limited information at hand, I will presume you were charged with public intoxication; you have mentioned no other potential crimes. In order to be found guilty of the charges, the prosecutor must prove beyond a reasonable doubt that it was likely that you would have injured yourself or others had you not been taken into custody. This is not an easy task for the state. I would be very surprised if you were not offered a plea deal. Public intoxication is a misdemeanor. Depending on the circumstances, you and your attorney should be looking to have the charges reduced to an infraction or dismissed outright. Worst case scenario you should be able to negotiate a plea-in-abeyance whereby the charge would be dismissed in a year if you comply with the terms of the agreement. Terms would likely include an alcohol assessment and stay out of trouble. Regardless, even the worst case scenario is not really all that much trouble.

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