Legal Question in Criminal Law in California

Why do I have madatory court after getting a drunk in public my last dip was in 04 and I'm not on any kind of probation.


Asked on 1/03/12, 1:21 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

It doesn't matter why, since you can't argue that point. But, go to court expecting enhanced penalties because of the prior[s]. The court was not willing to simply set and let you pay bail.

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Answered on 1/03/12, 1:30 pm
Carol Ryder Law Office of Carol Ryder PC

Terry Nelson is right. I know in NY, the courts are less likely to just let people go, esp with prior arrests (not just convictions) and esp if they had the choice of other options like Drug/Alc Court but decided to go the "easier" way. You might want to consider Drug Court (which also includes alcohol). Most jurisdictions have them and the programs work, far better than it "works" to go in and out of the system. Speak with an atty in your jurisdiction. NY has Drug Court, Mental Health Court and Veteran's Court, acknowledging that the people need help, not so much incarceration, and someone in Suffolk County actually goes through the day's cases looking for appropriate candidates. The programs are voluntary and intensely supervised (joint effort with social workers, agencies that provide psych, in-patient and out-patient rehab, prob officers coming over for random screenings, etc.) but remember, one day, without help, you could end up serving significant jail time, esp if you kill someone. Plus, you will be penalized in any custody situations as well w/o help. The programs are quite successful and I believe s/b used as much as possible, and the courts are taking a great deal of time to teach attorneys about them because of their success (known as Continuing Legal Ed).

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Answered on 1/03/12, 1:51 pm
Glen Fleetwood Mister DUI-800-468-2-502

I am not quite understaning the question? You were cited or arrested for drunk in public? Why would you not have to go to court? Do you know of any criminals who get arrested or are cited but not given a court date?

Can you explain your theory that when you get arrested you should not have to go face the music like every other person? Thanks.

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Answered on 1/03/12, 8:37 pm


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