Legal Question in Criminal Law in California
if i was cited for violation of pc 647 f, is mandatory jail time invovled?
3 Answers from Attorneys
I hope you mean 647(f) - public intoxication and not 647f which is prostitution with prior convictions (a felony).
Assuming you mean 647(f) - no, there is no mandatory minimum required upon conviction, but it is still a misdemeanor and could carry probation, fines and the remote possibility of jail time, depending on the facts and your record, if any.
647(f) cases are often over-filed by the prosecution. They have to be able to prove you were so intoxicated that you were unable to care for your own safety or the safety of others. Just being "drunk" in public doesn't cut it.
All criminal charges carry 'mandatory' time upon conviction, but effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence.. If serious about getting counsel to help you in this, feel free to contact me.
If you mean 647(f): It means one who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in 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, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
Whether it would carry jail time remains to be seen, but it isn't automatic. You should definitely consult with an attorney.
BARRY BESSER
www.besserlaw.com
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