Asked 8/19/2016 – Beaumont, TX

My brother od’d on synthetic marijuana and other substances got released from hospital still out of it couldn’t talk later received a call he had passed out at a store no one could wake him i called cops to check and they brought him to hospital now jail same condition charged with public intoxication

Answer

A person has the constitutional tight to contest any criminal allegation filed against him or her. There is a right to a jury trial, the right to cross examine any witnesses against you, the right to present witnesses on your own behalf and the right to force the State to prove the allegations beyond a reasonable doubt. Public Intoxication is defined in Texas Penal Code Section 49.02: “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”. Good luck.