It was a friday night (12-29-06) in San Jose, my brother, and three of my cousins where heading home after the club at Taste. Yeah its true that we drink except for one of my cousin, she's our designated driver. On the way out, my brother had an argument with one of the bouncers and a fight broke out behind us and cops rushed in and arrest me, my brother and two of my cousins. We were not involved in the fight, yet we were arrested. I tried to explain to the cop, but he was being a ***. My brother was push to the ground and so was my two cousins. WTF, we didn't do anything wrong yet we got arrested and was sent in a sobering cell overnight. No test of some sort was conducted on us and yet we were charge of drunk in public. All four of us have a court appearance of Febuary 13. We are good people and never done anything wrong. We don't have any criminal record until that night. No rights (Miranda rights) was said during the arrest. Can anybody help us out how to deal with our situation
2007-01-04 07:34:42 · 8 answers · asked by Pareng Mike! 1 in Politics & Government ➔ Law & Ethics
Being so intoxicated that you cannot care for yourself in public is a violation of California Penal Code section 647, subdivision (f), which is a misdemeanor, not a felony. No test is required for such a charge. Since you were not questioned, you did not have to be advised of your rights during questioning (Miranda).
You will have to wait until February 13 to find out what, if any, charges are filed against you. If you cannot afford counsel, you can ask the court to appoint counsel for you. The Public Defender will represent only one of you (the Santa Clara County Public Defender is excellent), other attorneys will be appointed for the other people.
2007-01-04 08:03:25 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Misdemeanor, court time, possible Probation as an outcome, considering youve never had a criminal record (or whoever started this fight) You need to consult an atty for a free consultation and find out what your friend brother and you can do.
You need to write down the events of that night before you forget them, you all need to. That way things will be clear and to the point when you go to an atty. That way you willl also be taken more serious and not just a bunch of drunk guys causing problems
2007-01-04 08:10:12 · answer #2 · answered by teresadick30 3 · 0⤊ 0⤋
they might not have arrested you for being drunk in public, but maybe for resisting or disorderly conduct,,,,
if you're telling the truth about never have been in trouble before, then the judge will know that, and will probly go lightly on you. if you weren't driving, then chances are you won't get anything big, maybe a misdemenour or disturbing the peace........ you'll probably pay a fine.
dont' worry too much about it. if you're really upset, then get a lawyer.
2007-01-04 07:44:27 · answer #3 · answered by Silver Thunderbird 6 · 0⤊ 0⤋
Public intoxication is not a felony(except maybe in Amish country)Sorry your brother can't handle his alcohol.Whatever happens in court,that arrest will stay on your record forever.
2007-01-04 07:46:42 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Get a lawyer. If you can't afford a lawyer, tell the court and get a pro bono lawyer from the court. Stop talking about it on a public forum. You are not helping yourself or your brother.
2007-01-04 07:39:41 · answer #5 · answered by Buffy Summers 6 · 1⤊ 0⤋
theft is a 211 and between the necessities of any legal probation isn't any ALCOHOL OR drugs. He now faces the potential for going back to end out his sentence and further time in keeping together with his circumstances of the incident. additionally you will desire to look else the place for a boyfriend till now this loser drags you right down to his point. D
2016-10-30 00:10:49 · answer #6 · answered by ? 4 · 0⤊ 0⤋
from
http://www.1800duilaws.com/article/drunk_in_public.asp
Drunk in PublicDrunk in Public
Written by Attorney Darren T. Kavinoky
Legal problems relating to alcohol are not limited to drunk driving, DUI, or DWI arrests. Even a pedestrian can run afoul of the law due to excessive alcohol consumption. This offense is commonly known as being "drunk in public."
The criminal charge being of "drunk in public" actually requires more than a person being drunk and being in public: the legal standard usually requires that a person be so drunk as to be a danger to themselves or others before the law will intervene.
1 800 DUI LAWS
Drunk in public California's drunk in public law is typical of those around the country. California Penal Code Section 647 (f) provides that it is illegal to be in any public place under the influence of intoxicating liquor (or combination of liquor and drugs), in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor (or drugs), interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
If the offending party is under the influence of alcohol only, as compared to being under the influence of drugs or a combination of alcohol and drugs, the officer may seek to place the arrestee in "civil protective custody" for 72-hours. This time will be used to evaluate the "inebriate" and will be a bar to further prosecution.
California's laws relating to people who are accused of being drunk in public are fairly typical of laws around the country. However, if you or someone you care about is charged with any alcohol or drug related offense, it is critically important that you contact a lawyer in your jurisdiction to give you advice.
2007-01-04 07:43:21 · answer #7 · answered by r1b1c* 7 · 0⤊ 0⤋
first of all, it is a misdomeaner. Secondly, you can explain this at your court hearing. It also helps that you have never been in trouble.
Good luck!
2007-01-04 07:42:59 · answer #8 · answered by tdc923 4 · 0⤊ 0⤋