Drunk in Public Defense - Penal Code 647(f)
I have defended a lot of drunk in public cases over the years. What ends up happening is that it's scarce that it's a proper drunk in public with someone just staggering around drunk; people see him, arrest him, and send him to court.
Usually, I see people out drunk in public, causing trouble, or they're in the middle of a situation where trouble is being caused. Police come on the scene trying to disperse the crowd and get a command of things, and the person gives the police a problem.
The police say, move along, or you'll be arrested. They ignore them. Shoot their mouths off, do something crazy, and then get scooped up because they're in the way. The police are going to let him sleep it off and send him to court to deal with some drunk-in-public ticket.
Having a drunk and disorderly charge on your criminal record can be distressing, as it can misrepresent you as a person. This is where the role of an attorney becomes crucial. They can navigate the situation, especially if you have a clean criminal record, providing you with a sense of relief and assurance.
There are a lot of things that can be done to help you and convince the prosecutors to give you a break. Maybe you had a stormy night, whatever the case may be. It would be best if you didn't let this design your life here, where people can run your record and see that you have a drunk in public on your record.
So, you want to get an attorney to see if they can clean things up, show the prosecutors you're a good citizen, and treat whatever happened as an aberration. It's not going to happen again.
California Penal Code Section 647(f)
To get you drunk in public, the police are going to need to show that you were intoxicated — intoxicated to a degree that you really couldn't care for yourself. In other words, you're staggering. You're in the middle of the street. You're getting in fights.
You're causing problems with people. That's somebody who is just drunk in public, a nuisance, a problem. Someone who is just walking down the street minding their own business, even though they may be intoxicated, I don't think that is grounds to get somebody drunk in public case.
That's going too far. It's nasty stuff if the police start messing with people like that. Suppose you're just walking and minding your own business, not causing any trouble, not looking to commit a crime, not being loud, not waking people up, and not threatening people. In that case, there's no reason to bother you under that circumstance or scenario.
So, we have to look at the facts of the case. What happened? Are there any witnesses? Why did the police take you into custody? What does your criminal record look like? These are all things we consider when deciding precisely what the strategy will be for a drunk in a public case.
Under the right circumstances, and if certain conditions are met, we can often resolve a drunk in public case favorably. If you have a clean criminal record, didn't threaten anyone, and there are no other crimes involved, we can work towards a positive outcome, giving you hope for a better future.
We can do some diversionary programs for a long time. If alcohol is your problem, we can get some Alcoholics Anonymous, maybe even an outpatient program, and see if we can get the thing dismissed in the end if we can show that we can keep our act together, not have any other problems, and not get arrested again.
By following the instructions of the prosecutor and judge, you can position yourself for a case dismissal and a clean record. This should give you optimism about the potential for a fresh start and the ability to move forward with your life.
So, if you've got a drunk in the public case in Los Angeles County, call a criminal defense attorney who's been doing it for twenty-five years. I can help you protect your rights, freedom, and reputation and get you out of the criminal justice system as fast as possible.
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