Legal Question in Criminal Law in California

Drunk in Public

I was recently arrested for drunk in public. I was getting ready to leave the bar to witness my sober ride home and other relatively sober friends being harassed outisde by police officers.

I came up and asked what the problem was, I had a few drinks and I was upset to see my friends being harassed for no reason.

One of my friends said I was from another town and the officer said, well, you aren't there anymore, to which I replied that back in my town the ''cops aren't jackasses''

He said, oh yeah? Well, you're arrested for being drunk in public how about that? To which I replied, thanks for proving my point.

I was not stumbling, not violent, didn't resist arrest, all I did was make a statement and I got arrested. My friends pleaded with the cops to let them just drive me home where I would stay out of trouble for the night.

I realize I probably shouldn't have said what I did, but did they really have the right to arrrest me? What is the punishment for such an offense? Do you think I have any chances of walking away w/o any charges?

I was asked back at the station if I was on any drugs, I said I had a few beers. I was never read my miranda rights, can that be used against me? They never tested me for alcohol


Asked on 7/30/07, 10:03 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Drunk in Public

Having a few beers is different from being drunk in public. Go to court on the date of your hearing and see if the district attorney filed anything or if they're going to dismiss it. If they aren't going to dismiss it, ask the court for time to hire an attorney. If you can't afford an attorney, request a public defender.

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Answered on 8/02/07, 2:06 pm


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