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  1. #1
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    Oct 2014
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    4

    Default Drunk and Disorderly and Resisting Arrest

    My question involves criminal law for the state of: North Carolina

    I was arrested for drunk and disorderly and resisting arrest.

    The short story of the incident in the report is: I was walking from a friends house threw the woods and a empty field. I was shot at by the resident of the field (no trespassing charge) due to heart problems and adrenaline I laid down 150 feet from the road for roughly ten minutes after running from being shot. At the ten minute mark three cop cars show up, they yelled at me and I was vulgar to them and was calmly walking away because in my mind I did nothing wrong. I was shot with a Taser needle gun three time since I didn't want to stay on the ground upon the third time I stayed down was arrested and spent the night in jail.

    What do u think the outcome of this will be? How could I get it to be less? I would like to be on house arrest at the very harshest punishment instead of the 80 days in jail then first court case said I was facing.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Drunk and Disorderly and Resisting Arrest

    The outcome will depend upon factors that include your prior criminal record, as well as the full facts of your offense and the events leading up to it. It could also be affected by the court's impression of whether you are an alcoholic, and if so whether you are taking steps to address your alcoholism. You should discuss your case with a local criminal defense lawyer.

  3. #3
    Join Date
    Oct 2014
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    4

    Default Re: Drunk and Disorderly and Resisting Arrest

    One dismissed underage drinking, one underage drinking conviction and, a dui level 5. Also on the documentation I received it states I was arrested during the officers line of duty responding to "a possible gunshot victim." Also I did apply for a public defender but he just told me to show up to court and we will figure it out.

    I did go to a rehab center in Virginia (since they would give me methadone) and completed it and went to the methadone clinic for four monthsish and am now roughly 30 days clean of methadone (worst thing to withdraw from). So they could do any drug test to me and I'd be clean to my story.

    I am thinking I can use my Generalized Panic Disorder and my Honorable Discharge from the USMC to my advantage. Since I am a disabled veteran due to anxiety/panic attacks and chronic pain with the proper percentage above 30%.

    I am on unsupervised probation right now from the DUI and have 9 months left of it.
    Thanks for any and all advice

  4. #4
    Join Date
    Jan 2010
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    New Jersey
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    3,666

    Default Re: Drunk and Disorderly and Resisting Arrest

    Quote Quoting kemond
    View Post
    One dismissed underage drinking, one underage drinking conviction and, a dui level 5. Also on the documentation I received it states I was arrested during the officers line of duty responding to "a possible gunshot victim." Also I did apply for a public defender but he just told me to show up to court and we will figure it out.

    I did go to a rehab center in Virginia (since they would give me methadone) and completed it and went to the methadone clinic for four monthsish and am now roughly 30 days clean of methadone (worst thing to withdraw from). So they could do any drug test to me and I'd be clean to my story.

    I am thinking I can use my Generalized Panic Disorder and my Honorable Discharge from the USMC to my advantage. Since I am a disabled veteran due to anxiety/panic attacks and chronic pain with the proper percentage above 30%.

    I am on unsupervised probation right now from the DUI and have 9 months left of it.
    Thanks for any and all advice
    So we have a long history of problems with alcohol. Seek help from AA and that should help somewhat in the courtroom. If the judge thinks that you are trying to better yourself, he won't put you in jail. If the judge thinks that you will end up back in his courtroom within the next 3 months because you aren't doing anything to address the problem with alcohol, he is going to throw the book at you.

  5. #5
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Drunk and Disorderly and Resisting Arrest

    If you were arrested for "being drunk and disorderly" and "resisting arrest" only because you were yelling at police, and if you were yelling because you were rattled from having been shot at, then your having been shot at, should be a good defense in court.

    Your defense attorney should figure out a defense BEFORE you go to court. If your attorney says he'll figure something out when you get to court, then he's probably planning to sell you out by pressuring you into pleading guilty.

    And what happened to the person who shot at you? Was he prosecuted? I don't think that people are allowed to shoot people who simply trespass across a field or a lawn.

  6. #6
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Drunk and Disorderly and Resisting Arrest

    The person who shot at me (80 year old man) was talked too, but since I was never hit nothing is going to happen to it I don't think. I went to court today and got a continuance trying to get another Judge (suggested by my PD).

    I have been threw a rehab for alcohol and poly-substance addiction followed up by Methadone treatment. The rehab was after this event too place and haven't so much as gotten a speeding ticket since.

    My PD did get a chance to talk with the arresting officer and the multiple taser shots was to keep me from walking into the road since I didn't want to lay in a ditch with mud and trash in it. (there was a three foot wide path I had intended on standing at.)

    Thank you for taking the time to read and respond.

  7. #7
    Join Date
    Mar 2013
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    18,340

    Default Re: Drunk and Disorderly and Resisting Arrest

    Quote Quoting kemond
    View Post
    .

    I am on unsupervised probation right now from the DUI and have 9 months left of it.
    And you went out and got drunk while on probation?

    You might be facing having that probation revoked and end up serving time for the DUI.

    You need a lawyer ASAP.

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