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Writer's pictureBrian Foley

Galveston Public Intoxication Attorney - Galveston Seawall Public Intoxication Charges

Galveston Public Intoxication Attorney - Galveston Seawall Public Intoxication Charges



Galveston Public Intoxication Attorney - Galveston Seawall Public Intoxication Charges


If you have been arrested in Galveston, Texas for public intoxication, it was likely near the Galveston Seawall. This area is known for its numerous bars, restaurants, and vibrant nightlife along the coast of the Gulf of Mexico. The Seawall is a popular destination for both locals and tourists, providing a scenic backdrop for various entertainment activities.


Galveston attracts visitors from all over the country for conferences, events, and especially for its lively festival scene. One of the key attractions in Galveston is The Grand 1894 Opera House, a historic venue hosting concerts, theater performances, and other cultural events. Additionally, Galveston is home to a number of beachside events, including the famous Mardi Gras Galveston celebration, which draws large crowds and features parades, music, and other festivities.


**What is Public Intoxication?**


Public intoxication, refers to the act of being visibly under the influence of alcohol or drugs in a public place combined with being a danger to yourself and others. It is considered a criminal offense and can result in arrest, and fines. Worst of all a public intoxication arrest in Galveston, Texas can result in a permanent conviction on your criminal history record. Police, businesses, apartments, and friends or family can find out that you have been arrested and convicted of a criminal offense for Public Intoxication if the case is not handled correctly.


The laws regarding public intoxication vary from state to state, but generally, they prohibit individuals from appearing in a public place while they are so intoxicated that they may endanger themselves or others. Public places can include streets, parks, and even some licensed establishments like bars and nightclubs.


In Texas, public intoxication is a Class C misdemeanor, which is punishable by a fine of up to $500. It is a defense to prosecution if the alcohol or other substance was consumed as part of professional medical treatment by a licensed physician.


Minors who commit this offense are punishable in the same manner as if they committed an offense under the Alcoholic Beverage Code. Police officers are given discretion to determine whether an individual is too drunk to be in public, and they may arrest a person if they are behaving in a way that is disruptive, violent, or likely to lead to criminal behavior.


In conclusion, public intoxication laws are in place to protect public safety and order. They are not meant to criminalize those who drink responsibly and are not causing problems, but rather to address individuals who are so impaired that they pose a danger to themselves or others.


**49.02 Texas Penal Code**


Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.


**What does a Class C Offense mean?**


A Class C offense in Texas is a minor criminal offense, punishable by a fine of up to $500. Examples include traffic violations and some city ordinance violations. Class C offenders cannot be sentenced to jail time, only fines. This is also the case with public intoxication, which is a Class C offense in Texas, except for the initial arrest, where an individual can be held in custody until sober.


**What court does public intoxication get filed in?**


Class C misdemeanors like public intoxication are filed in the Galveston Municipal Court. The Galveston Municipal Court is located at 601 54th Street Suite 300 in Galveston, Texas 77551 Phone: 409-765-3740. But don't try to contact the court on your own. Anything you say can and will be used against you in a criminal proceeding. It is always better to let a lawyer contact the court for you. Court records can be accessed online by anyone with an internet connection here.


Your attorney can file a letter of representation and receive discovery of documents and videos that can help prove your innocence or get your case dismissed.


**Can you get a Public Intoxication charge taken off your record?**


The best way to get a case taken "off your record" is to get it dismissed by the district attorney and expunged. An expunction is a separate civil proceeding in Texas. An expunction is a legal process in Texas by which a person can have their criminal record sealed or destroyed. This means that the records of the arrest, charges, and any conviction are removed from the official records of law enforcement agencies, courts, and other state agencies. Expunction is only available for certain types of offenses and under specific circumstances. In the case of Class C misdemeanors, expunction is only available if the person was acquitted of the charges, if the charges were dismissed, or if the person was granted a deferred disposition. This means that if a person was arrested and charged with a Class C misdemeanor, but was found not guilty at trial or the charges were dismissed, they can petition the court for an expunction. However, if the person was convicted of the Class C misdemeanor, they will not be eligible for an expunction.


**What experience does Galveston Criminal Defense and DWI Attorneys PLLC have with Class C offenses in Galveston County, Texas?**


When Brian Foley was a prosecutor he was assigned to the JP or Class C prosecutor position at the beginning of his career and is the author of his office's JP prosecutor manual. Quite literally, Brian wrote the book on JP prosecutions including Public Intoxication.

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