If you were arrested for being drunk in public, it might seem like there aren't any ways to beat what seems like an obvious case. However, there are several defense strategies your criminal defense attorney may be able to use.

Insufficient Evidence

Challenging the prosecution's evidence is a common defense strategy in a drunk in public case. This involves scrutinizing the reliability and credibility of the witnesses and law enforcement officers involved. The defense aims to demonstrate that the evidence presented by the prosecution is insufficient to prove beyond a reasonable doubt that you were intoxicated or in a public place.

This may involve questioning the accuracy of witness statements, pointing out inconsistencies or contradictions, and highlighting any gaps in the evidence. By challenging the strength of the prosecution's case, you can aim to cast doubt on the charges against you and potentially secure a favorable outcome.

Unlawful Arrest or Police Misconduct

This defense strategy focuses on examining the circumstances of your arrest. It aims to determine whether there was a lawful basis for the arrest and whether your constitutional rights were respected during the process. If it can be shown that your arrest was conducted without probable cause, this can provide grounds for challenging the validity of the charges.

Challenging the Definition of Public Place

This defense strategy involves questioning the legal definition of a public place as it pertains to the specific jurisdiction where the charge was filed. The goal is to demonstrate that the location where you were arrested does not meet the legal criteria of a public place.

This defense may rely on presenting evidence or arguments to establish that the area in question was private property, restricted to certain individuals, or not accessible to the general public. By challenging the prosecution's characterization of the location, you can argue that the charge should be dismissed due to the lack of a genuine public place element.

Demonstrating Lawful Behavior

This defense strategy focuses on providing evidence or witnesses to testify that your behavior while in public was lawful and did not involve disorderly conduct or causing a disturbance. By establishing that your actions were within the legal boundaries and did not warrant the drunk in public charge, you can undermine the prosecution's case.

This defense may involve presenting statements from individuals who observed your conduct and can attest to your non-disruptive behavior. Additionally, any surveillance footage, photographs, or other objective evidence that supports your lawful behavior can be presented to bolster this defense.

For more information, contact a criminal defense lawyer near you.