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Thanks for your advice, been doing some research and not sure if this interests any of you but
http://santabarbaralawyer.blogspot.c...lic-place.html
quotes quite a few prior hearings where what is considered a "public place" was challenged. Seems like even your house is a "public place" if the door is left opened.
Any place that a stranger can walk up to without challenge is considered a public place.
My source from what I quoted was from Santana, from SCOTUS, I have cited it here on the board before:
Held:
1. Santana, while standing in the doorway of her house, was in a "public place" for purposes of the Fourth Amendment, since she was not in an area where she had any expectation of privacy, and was not merely visible to the public, but was exposed to public view, speech, hearing, and touch as if she had been standing completely outside her house. Thus, when the police, who concededly had probable cause to do so, sought to arrest her, they merely intended to make a warrantless arrest in a public place upon probable cause, and did not violate the Fourth Amendment. United States v. Watson, 423 U. S. 411 . P. 427 U. S. 42
http://supreme.justia.com/us/427/38/case.html
Your state law/case law may offer a different view/definition, possible, but not likely? I can't say.
State laws would define a public place, a blog isnt something you want to research for facts.
You were in a place (ie. outside your house), where the crime occured. With the outside being a place where it is easily assessible to the public in turn making it a public place.
After talking with a few lawyers they are all telling me around $400-$500 they can get it dropped.
Looks like I am just going to send in the $260 and forget about it
Or you could plead not guilty, request a trial and hope the court is so backlogged that they plea it down or give you court supervision.