There are a number of different strategies to deal with a drunk in public charge. The first thing to do is examine the evidence. A lawyer will ask the officer what they saw that made them think the defendant was drunk.
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Oct 10, 2011 · Answered on Nov 08th, 2011 at 10:03 PM. Yes, I'd recommend you retain a lawyer. Anyone charged with an offense is presumed innocent until proven guilty beyond a reasonable doubt. Simply because a person is charged does not mean that they will ultimately be convicted. Anyone charged with an offense has a right to council.
Penalties for Drunk in Public. Drunk in public (Penal Code Section 647 (f)), is punishable by up to six months in jail and a maximum fine of $1,000. The court can also order probation, participation in clean and sober court, attendance at AA meetings, and abstinence from alcohol.
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Jul 05, 2012 · That office may very well decide to charge you with being drunk in public and you may get a notice to appear in court in the future. If you are not contacted by the district attorney's office within one year of the date you were detained/arrested, then you shouldn't worry. If you are actually charged with being drunk in pubic fight the case.
While a drunk in public conviction carries no jail time, it is important to avoid such a conviction as it will show up on background checks. In today's world, employment is a necessity and you certainly don't want a job application coming down to you and someone else who does not have such a conviction on their record. In Fairfax County, many drunk in public cases can be dismissed after doing community service with an agreement between your Lawyer and the Prosecutor. Be sure to hire a lawyer who is familiar with the local court procedures and, more importantly, is familiar with the prosecutors. If the charge is dismissed, you have no criminal conviction on your record and are also eligible for an expungement of the charge.
The two main issues presented with a drunk in public charge are whether the person was intoxicated and, if so, was that individual in a public place. If either of these elements is missing then the charge must be dismissed.
Unfortunately, the case is not yet resolved and there is a pending court date afterwards for this misdemeanor charge.
A conviction is a Class 4 Misdemeanor and is punishable by a fine of up to $250. As a result, there is no jail time for a drunk in public conviction (except for the initial arrest).
Generally, the symptoms of intoxication that the Court looks for are strong odor of alcohol, blood shot or glassy eyes, slurred speech, unsteady gait, trouble explaining what time or day it is and/or having trouble explaining where they're coming from or headed, having disheveled clothing, etc. In many cases, the officer will breathalyze the individual on the street to verify there is alcohol in the individual's system. This preliminary breath test is admissible at trial since it is not being used in a DUI investigation.
If you are drunk in a private residence, or a private party, or your own house or garage you are not guilty of this crime. Unfortunately, some courts have determined that some very private areas- such as your own driveway or even your own yard or porch can be considered a public place.
If you are drunk in a private residence, or a private party, or your own house or garage you are not guilty of this crime. Unfortunately, some courts have determined that some very private areas- such as your own driveway or even your own yard or porch can be considered a public place.
Though there is no requirement that the police present a certain objective level of intoxication (such as .08% Blood Alcohol level in a DUI case), this means that it is easy to challenge the police officer’s observations that you were intoxicated or inebriated.
If you are drunk in a private residence, or a private party, or your own house or garage you are not guilty of this crime. Unfortunately, some courts have determined that some very private areas- such as your own driveway or even your own yard or porch can be considered a public place.
The Police Must Personally Witness You. In the absence of a warrant, the arresting officer generally must witness you commit the crime in their presence. So if someone tells the officer that you are drunk in public or complains about you, and are arrested on that basis alone, you can fight your 647 (f) case. 5.
In the absence of a warrant, the arresting officer generally must witness you commit the crime in their presence. So if someone tells the officer that you are drunk in public or complains about you, and are arrested on that basis alone, you can fight your 647 (f) case. 5. You Must be Willfully Under the Influence of a Controlled Substance.
You can be charged with being drunk in public if you are in a public place under the influence of intoxicating liquor, or any drug, controlled substance, toluene, in a condition that you are unable to exercise care for your own safety or the safety of others, or you interfere with or obstruct or prevents the free use of any street, sidewalk, or other public way.
Drunk in public (Penal Code Section 647 (f)), is punishable by up to six months in jail and a maximum fine of $1,000. The court can also order probation, participation in clean and sober court, attendance at AA meetings, and abstinence from alcohol.
If you are under 21, it is a misdemeanor to possess alcohol in public. (Business and Professions Code Section 25662)
If you were arrested for public intoxication, you could be charged with a misdeameanor for disorderly conduct ; however, if the paper you received states detention only then, under California law, it is not considered an arrest. If the document you received further states no further proceedings then that tells me that no charges will be filed against you. This advise is, of course, predicated on the notion that the factual statements you provided below are accurate. If the facts as you describe them are correct, you should count yourself lucky and try to refrain from putting yourself in a situation that would result in you being arrested.
If the papers your received from the police do not show a court date, the chances are you lucked out and will not be prosecuted and will not have a criminal record. However, the D.A. can still file charges against you within 1 year of your arrest. If they do, you will receive a letter from the court telling you when and where to appear in court.