Legal Question in Criminal Law in California

Arrested for Drunk in Public

I was charged with 647(f) drunk in public. However, i am on probation for my 2nd DUI that began in 2005 and ends in 2009. What consequences should i expect on my court day? Is there anything i can do to alleviate the negative consequences of my actions?


Asked on 8/19/08, 9:36 pm

2 Answers from Attorneys
Gordon Fauth Fauth Law Offices

Re: Arrested for Drunk in Public

There are often defenses to 647(f) misdemeanor, and the prosecution will often bargain it down to a 415 (disturbing the peace) infraction and fine (be careful as the 415 can be pled either as an infraction or misd.). Also, if the 647(f) is in the same county as the DUI, the DA may agree as part of any deal involving a misd. not to use it to violate probation. Bottom line, you should get an attorney...

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Answered on 8/19/08, 9:56 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Arrested for Drunk in Public

Hard to say what the outcome will be. A lot will depend on the courthouse where your case is heard, the disposition of the judge and the DA as well as the dedication of your attorney in exploring your defenses and creative plea bargain options which would avoid jail time. Your attorney should stress the fact that while in a pure technical sense you might have violated your probation, at least you learned your lesson and did not get behind the wheel of a car when drunk!

Best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/19/08, 10:08 pm


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