Arrest Under false pre-tenses of Public intoxication - What can i do?

Ok, so im 17. i was arrested sunday night in Killeen texas.


Heres the situation.....The cops told me to co-operate with them and they would let me go. I told them i had 1 or 2 beers hoping they would let me go. Then they arrest me...without telling me my miranda rights.....and without double locking the cuffs....I was held in The city jail For 24 hours against my will. there was no breathalizer done, There was no Sobriaty test Done, or urine or blood alcohol test.


Plus i was not even Drinking.......





So what i need to know is. How can i Defend this in court? in texas it is legal to drink if accompanied by a parent. and the legal alcohol Limit in texas is 0.8% which 2 beers would not intoxicate me at 6';4 230LB's.


Was this a legal arrest. Can i get out of this if so how?





1. Dont they need to have proof i was intoxicated?


2. Can They even use my statement About me drinking without reading my miranda rights?


3. Should i get a Bench trial or a jury?


4. What else should i be worried about?


5. And can i Do anything about them Not reading my miranda rights?


6. Can or will the police officers Word be used over mine?


7. I also have 2 people that i was with in the Jail cell verifying i was not intoxicated when i entered the Cell that was less than 15 min after being arrested.





help Please.....If theres any info please tell me.


Also, remember This is Killeen texas...... going by texas Law.


I cant afford an attourney so i have to have a public defender,Arrest Under false pre-tenses of Public intoxication - What can i do?
Ok...put simply, here's your situation.





1. They do have a burden of proof in court, however you did tell the officers you had been drinking.





2. Yes, they may use the statement. At the time of your conversation with the officers, you were not legally in a custodial situation and therefore the officers were not legally required to mirandize you.





3. Your call. Bench trial will be quicker, but you may have a better chance with a jury.





5. No.





6. Yes. Courts still give great weight to testimony by an officer or officers.





7. Irrelevant, in addition to credibility problems due to their own presumable records, they're not qualified to testify as to your intoxication or lack of intoxication.





Apart from that, it's hard to say. You mention it being legal for a parent or legal guardian to provide alcohol, but you don't mention if you were with your parents or the circumstances surrounding the arrest.





The lack of physical evidence may help you a little bit (particularly with a jury trial), but the statement to the officers is going to be your primary obstacle to overcome.





Yes, you can receive probation, and possibly even qualify for deferred adjudication depending on your record.





You also need to talk to your recruiter, Army's not going to let you ship without the legal issues being cleared and you may wind up requiring a waiver.Arrest Under false pre-tenses of Public intoxication - What can i do?
This sounds to me like a completely legal arrest. First of all, they will read you your Miranda if they are questioning you. If they don't need to then they won't. It is obvious you know your rights or you would not even had post it. Your behavior is more than enough to get a conviction. Not double locking cuffs? That has noting to do with it. Your just looking for a way to get out of trouble. Your own statement contradicts itself. You originally said you has two beers then you said you were not drinking. Which is it? They will take a police officer's word over yours, and they sure will not believe your ';witnesses'; you found in jail. Your were caught drinking under age, and you going to pay the price. If you leave for basic in 8 months, I would let your recruiter know.
Do you know for sure you were even charged with anything? Were you given a court date?





If you were charged with underage drinking, it probably doesn't matter whether you were drunk, you admitted you drank before your arrest, so your statement is probably admissible. If you were charged, you should plead guilty. Tell the judge that you are being inducted into the army and that will probably reduce your sentence.