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To: Darren McCarty

That is what I told him. Just wondering if he can change his plea or appeal?


12 posted on 10/20/2012 6:50:30 PM PDT by yankee turned redneck
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To: yankee turned redneck

Drunk (intoxicated) in public is a generic public peace disturbance infraction.

Most courts assess a fine and place Defendant on probation for what is normally a misdemeanor.

Because it is not a Felony, none of his rights to vote/bear arms are removed.

HOWEVER.

Once you plead guilty, it’s kinda hard to change a plea to not-guilty, or appeal, without a basis in law or fact. Most Judges, in accepting the guilty / plea agreement, advise the Defendant of their rights to a jury / bench trial, where witnesses can be called, etc.

He’s stuck with the drunk in public thing. And no, there’s no requirement to have a person do a breathalyzer to arrest for intoxication under these circumstances. His plea of guilty just means he gave up his right to a trial and that of cross-examination.


18 posted on 10/20/2012 6:58:30 PM PDT by Experiment 6-2-6 (Admn Mods: tiny, malicious things that glare and gibber from dark corners.They have pins and dolls..)
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