Legal Question in Criminal Law in California

The biggest issue is going to be whether or not they can prove drunk in public against you. Penal Code section 647(f) makes it a crime to be in a public place and so intoxicated that you are unable to care for your safety or the safety of others (or are blocking a public way). The standard to arrest vs. convict are very different - you may have just failed the attitude test with the police and gotten arrested.

The other concern though is that they could use this as a probation violation - the burden of proof is much lower at a violation hearing than it is at trial.

You've got a week or so before your court date - it's worth it to sit down face to face with a criminal defense attorney and discuss your options and representation.

In addition to your current charge[s] and the penalties they carry, you also face potential probation violation charges that could revoke your probation on the earlier convictions. You�ll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges.

When charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.