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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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Brooklyn Public Intoxication Lawyers

Public Intoxication Laws in Brooklyn and New York

In Brooklyn and the rest of New York, public intoxication is defined in more specific terms than many other areas of the country. While many other jurisdictions equate intoxication with drunkenness, the laws found in the New York penal code draw distinctions between being drunk from alcohol consumption and intoxication due to the use of other substances. Knowing this one fact makes it easier to understand how scenarios involving different types of substances would influence what sort of legal issues could arise.

What is Found in the New York Penal Code?

The most relevant article within the New York penal code relating to public intoxication is found in Article 240. Specifically, section 240.40 of the Offenses Against Public Order identifies the act of appearing in a public place while intoxicated from the use of narcotics or any substance other than alcohol as a violation. Violations are not the same as misdemeanors or felonies. Typically, a violation may lead to spending a maximum of 15 days in jail or a similar facility.

Does This Exclude Driving Under the Influence of Alcohol?

While it’s true that the focus of Article 240 is on public intoxication caused by something other than alcohol, there are other articles within the penal code that do address issues like driving while under the influence of alcohol. For example, Section 1192 of Article 31 provides the basis for taking legal action if someone is driving while under the influence. This particular section addresses a number of scenarios, including a driver under the legal age driving while intoxicated, or having a minor child in the vehicle while it is in operation. The provisions within that section do provide the basis for law enforcement officers to take action to take the drunken party into custody and could pave the way for some type of charge.

Can an Officer Take In a Pedestrian Who is Publicly Intoxicated?

While public intoxication in Brooklyn is not considered a felony or misdemeanor, certain circumstances will allow an officer to take the individual into custody. In most cases, the form of custody is determined by the actions taken by the individual and the ability of that person to make rational decisions.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

A person who is intoxicated but appears to present no harm to others or to the individual proper may be taken into what is known as protective custody. This generally means that an officer will observe the actions of the intoxicated individual and ask if he or she would like to be escorted to a secure location such as a hospital or a care facility. If the individual provides consent, the officer is free to take the person to any of the institutions within Brooklyn designated for monitoring the condition of intoxicated individuals.

The officer also has some authority to take the individual into protective custody if the level of intoxication appears so severe that the person is incapable of responding to questions or understanding what is happening. A person who has passed out can also be placed into protective custody and taken to a care facility.

Violent Behavior and Public Intoxication

While public drunkenness is not considered a misdemeanor or felony in Brooklyn, violent actions by someone who is under the influence of alcohol or some other substance could result in charges of some type. For example, if the intoxicated individual lashes out and assaults one or more people, charges can be filed and the individual can be taken to a local police department for evaluation and processing. Depending on the severity of the violence, officers may utilize whatever forms of restraint are necessary to prevent the individual from self-harm as well as causing additional harm to others.

What About Cases of Physical Distress?

An intoxicated person who appears to have difficulty breathing or exhibits some other kind of physical distress can be treated as an emergency case by officers. In this scenario, medical authorities are typically alerted and appear on the scene to provide transport to a hospital or other care facility. In the interim, the officer will remain on guard and seek to provide assistance in whatever way is appropriate.

What Sort of Charges Can Result?

Many of the possible criminal and civil issues arising from public intoxication have to do with what the person does while under the influence. This is true for being under the influence of alcohol as well as intoxication related to the use of other substances.

Possession of illegal substances may be involved if the individual is high because of ingesting some medication or drug obtained without a prescription. Damage to public property or to private property owned by a business or company would also be sufficient grounds for filing charges. Should the actions of the individual result in injury to one or more people, criminal action could result.

When there is the potential for criminal charges or civil suits to develop, seeking help from a lawyer who deals with cases involving public intoxication is a wise move. Based on the evidence available and the testimonies of anyone who witnessed the events involved, the lawyer will seek to ensure the client’s rights are protected during any court proceedings or negotiations with the other parties affected by the incident.

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