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Pages in this thread: 1 | 2 | (show all)   Rate thread Print Thread
Curt Hennig
100+ posts
09/18/05 11:02 PM
Public Intoxication question?

A friend of mine got a Public Intoxication this weekend in Austin. He is thinking of showing up and asking the assistant DA to plead down or whatever and do community service to get it off his record. Will that work?

I am trying to convince him to get a lawyer. Any advice? Any good lawyers for PIs in Austin?




Mr. Perfect

Edited by Curt Hennig (09/19/05 12:59 AM)

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Sangre NaranjadaSponsor
5000+ posts
09/19/05 01:11 AM
Re: Public Intoxication question? [re: Curt Hennig]

Pleading guilty and doing community service doesn't remove the charge from your record.

He'd need to ask for deferred adjudication.

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Curt Hennig
100+ posts
09/19/05 01:19 AM
Re: Public Intoxication question? [re: Curt Hennig]

Should he get a lawyer? I am trying to tell him to. Anyone know of any good lawyers?

Ballpark on how much it will cost for a lawyer + court fees?




Mr. Perfect

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Sangre NaranjadaSponsor
5000+ posts
09/19/05 01:50 AM
Re: Public Intoxication question? [re: Curt Hennig]

I can't advise you on the whole hire a lawyer thing.

If it was me, I'd try to get deferred adjudication on my own. If that doesn't pan out, then look into getting a lawyer. But why pay some overpriced clown several hundred bucks to do simple procedural crap he could do himself?

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Curt Hennig
100+ posts
09/19/05 02:03 AM
Re: Public Intoxication question? [re: Curt Hennig]

If he were to do deferred adjuctication (sp?) would that be removed from his record?




Mr. Perfect

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Sangre NaranjadaSponsor
5000+ posts
09/19/05 02:20 AM
Re: Public Intoxication question? [re: Curt Hennig]

I think so. It definitely expunges traffic tickets, and if I'm not mistaken PI is also a class C misdemeanor. So I'd say yes.

But realize I'm not a lawyer. I'm just a guy who has successfully requested deferred adjudication three times in my life for traffic tickets. Tell your buddy to contact the DAs office and look into it. If the DA says no way in hell, then look for professional assistance. If the DA says he'll work with your friend, then great. My guess is the DA will look at any prior criminal record and decide if he wants to be nice based largely on the criminal history.

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Curt Hennig
100+ posts
09/19/05 03:31 AM
Re: Public Intoxication question? [re: Curt Hennig]

Thanks, maybe some more input tomorrow as well. I feel a little bad about it. He came in from out of town for the game and was my guest but he got a bit too drunk and I wasn't sober enough to realize it either...........




Mr. Perfect

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Texas97
1000+ posts
09/20/05 01:35 AM
Re: Public Intoxication question? [re: Curt Hennig]

Don't do deferred adjucation. It will not be removed from your record.

Have you heard of pre-trial diversion? Look into that.

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RiceHorn04
250+ posts
09/20/05 10:09 AM
Re: Public Intoxication question? [re: Curt Hennig]

As I recall in Texas you can get an expunction for any class C after the deferred adjudication period has been successfully completed. Even better would be a deferred prosecution agreement, in which the charges are completely dropped after the probationary period has been completed.

In both cases, your friend will need to file for expunction to remove the charge from his record. The difference is that with deferred adjudication, he enters a plea of no-contest and the court defers punishment; with deferred prosecution he never enters a plea because the charges were dropped to begin with.




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CleverNicknameSponsor
1000+ posts
09/20/05 10:10 AM
Re: Public Intoxication question? [re: Curt Hennig]

I'm 99% sure deferred ajudication and pre-trial diversion are the same thing. Basically you do your probation & community service and you are never convicted. Which isn't the same thing as not having it on your 'record'. It's on there. You'd have to get it expunged - I think like 2 years after the offense. the def ajud v. pre-trial div is just a change in terminology over the last few years.

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AugieBall
5000+ posts
09/20/05 12:25 PM
Re: Public Intoxication question? [re: Curt Hennig]

Whom do you contact to have something like that expunged? What about an arrest? Is that similar or fall under a different heading?




1949 1950 1975 1983 2002 2005

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RiceHorn04
250+ posts
09/20/05 12:33 PM
Re: Public Intoxication question? [re: AugieBall]

In reply to:

Whom do you contact to have something like that expunged? What about an arrest? Is that similar or fall under a different heading?




If it was an arrest for a class C and you received deferred adjudication, I believe you are eligible to have the arrest and charge expunged.

If you plead guilty to a class B or higher, you are hosed.

If it was an arrest for a class B or higher and you received deferred adjudication, you cannot have the record expunged. After a certain time period expires, you can petition the court to seal the records of your case, which supposedly conceals the arrest from most public records searches, but could still be revealed if a government agency is running a check on you.

If you received a dismissal or were found innocent for a class B or higher, you are eligible to have your arrest expunged. You must petition the court to have an expunction hearing. The cost for this is I think $250, but don't quote me on that. It may have changed in the past few years.

My guess would be to contact a lawyer in the relevant county and have him handle the specifics.




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NickDanger
10,000+ posts
09/20/05 12:41 PM
Re: Public Intoxication question? [re: Curt Hennig]

What is the downside to having a PI on your "record"?




Morons. I've got morons on my team. Nobody is going to rob us going down the mountain. We have got no money going down the mountain. When we have got the money, on the way back, then you can sweat.

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CleverNicknameSponsor
1000+ posts
09/20/05 01:12 PM
Re: Public Intoxication question? [re: Curt Hennig]

I'm not sure. I know that if you ever get a license (medical, law, dental, etc etc etc) you'll have to put it down, sometimes even if it was sealed, or you're hosed. But there the idea is to be honest, lying about it will get you into deeper trouble.

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NickDanger
10,000+ posts
09/20/05 01:49 PM
Re: Public Intoxication question? [re: Curt Hennig]

My DWI conviction hasn't done me any harm.




Morons. I've got morons on my team. Nobody is going to rob us going down the mountain. We have got no money going down the mountain. When we have got the money, on the way back, then you can sweat.

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Lat22Sponsor
5000+ posts
09/20/05 03:45 PM
Re: Public Intoxication question? [re: Curt Hennig]

Let me guess. Goal Post Club?




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Dead Horse
500+ posts
09/20/05 07:47 PM
Re: Public Intoxication question? [re: Curt Hennig]

I would care to say that PI is pretty much indefensible.

I once asked a cop friend of mine about PI and he said the cops can pretty much throw anyone in jail if they feel you are "a danger to your self or others". Even if you blow a 0.0 they could say you are on some sort of drug.

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writerhorn
< 25 posts
09/20/05 08:00 PM
Re: Public Intoxication question? [re: Curt Hennig]

PIs are actually really common, as, unfortunately, are DWIs.

If the person is really paranoid about it, tell them to hire a lawyer. I can't tell you how much it would cost, but my guess would be anywhere from $500-$1000 for the whole shebang. You want to request deferred adjudication, which also is known as pretrial diversion. This means that if the person completes a program that usually includes 60+ hours of community service, a class of some kind, restitution fees and stays out of trouble for the duration, the charges are formally dropped and the DA agrees to retire the case. The arrest, however, remains on your record, as does the complaint for the arrest. (In this case, PI)

I could be wrong on expunction, but for certain offenses I think you have to wait a certain number of years and then request it. I think expunctions on PIs can happen immediately. That costs about $300 to $500, but you don't necessarily need a lawyer to do it. All records of the arrest are supposed to be destroyed and you legally can deny ever being arrested or being charged for the offense. Requests of information from law enforcement, government, military, etc. can supercede this, however.

Hope that helps.

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TXSooner518
250+ posts
09/20/05 08:20 PM
Re: Public Intoxication question? [re: writerhorn]

PI is a Class C misdemeanor. Justice courts and municipal courts do deferred disposition, not deferred adjudication. It counts as a dismissal and will cost between $80 and 200 or so. You can then answer that you have not been convicted. The entire record can be expunged for a $30 fee.

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orangeinSponsor
500+ posts
09/20/05 10:08 PM
Re: Public Intoxication question? [re: Curt Hennig]

TX Sooner - I have a similiar question. A buddy of mine received an ticket for driving with a suspended license a few years back. He took deferred adjudication and completed it. The ticket then popped up on a background check for his job.. Can this be expunged or is it only a candidate for nondisclosure?

I have heard differing opinions on this.

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