Legal Question in Criminal Law in California

Interference with police officer and inebriated in public

I was charged with these two infractions and was wondering how severe this was and if I needed to hire an attorney. This occurred in Santa Monica, CA. I was out with my boss and had way too much to drink. One thing led to another and I was taken to the local police station. I do not remember much because of the resulting alcohol blackout and from being tasered. My main concern is the jail time that could be associated with this. In either case, what steps can I take to defend myself and try and bargain with the Prosecutor? Is there anyway to get my police report before my preliminary hearing and can I speak with the prosecutor before my trial? All suggestions would be most appreciated.


Asked on 7/17/08, 2:15 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Interference with police officer and inebriated in public

Don't attempt to bargain with the prosecutor. DO NOT SPEAK TO THE PROSECUTOR OR JUDGE EXCEPT THROUGH AN ATTORNEY.

Your post doesn't say where you are in the proceedings. Have you been to court yet? If there is a "preliminary hearing" scheduled, this means you are charged with a felony -- not an infraction -- and you had better obtain legal counsel.

Normally the police report is given to your lawyer at the first hearing, your arraignment.

You would do well to retain an attorney immediately, have the attorney in court with you next time, and also bringing proof of several AA meetings to court wouldn't hurt.

I do appear regularly in Santa Monica, call me if you like.

Read more
Answered on 7/17/08, 3:23 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Interference with police officer and inebriated in public

Not sure whether you are talking about infractions or misdemeanors or felony even since you are talking about a preliminary hearing which is a type of proceedings in felony cases only. (I presume you confused arraignment with preliminary hearing, most likely). If indeed infractions are involved, then you do not need to worry about jail time, just fines and your record.

Look at your citation notice. If the charges listed have letter "M" marked next to them that means misdemeanors. If box with letter "I" is checked that means infraction. Also, if you are to appear at the Santa Monica court, rather than at the Airport Courthouse on La Cienega, this would indicate infractions.

Whatever you do, absolutely do not talk to the prosecutor or police without an attorney. When they say anything you say can and will be used against you they actually mean it.

Get a lawyer especially if something more than infractions are involved. Even if you are dealing with infractions, a good attorney should be able to either beat all or some of them. You have the right to a public lawyer in misdemeanor and felony cases.

Feel free to contact me for a free consultation. I cover all courts on the West side.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfim.com

Read more
Answered on 7/17/08, 3:54 am


Related Questions & Answers

More Criminal Law questions and answers in California