Legal Question in Criminal Law in California

What is the penalty for getting arrested for drunk in public?


Asked on 1/09/12, 8:06 am

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

In most instances, the penalty is probation with some community service and fine and possibly alcohol treatment. The worst thing about it is that the conviction will be on your record for THE REST OF YOUR LIFE. Before you plead guilty or no contest to the charge, it couldn't hurt to speak to a qualified attorney in or near your area. Most criminal defense attorneys offer FREE consultations, so you have nothing to lose, and maybe a lot to gain. I wish you well............. David Wallin

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Answered on 1/09/12, 10:05 am
Amber Lunsford Lunsford Legal Group

The penalty will depend, in part, on the facts in your particular case. I would suggest that you retain a criminal defense attorney and discuss your case thoroughly in order to get a more educated opinion on what will happen in your particular case.

Drunk in public, charged as 647(f) has very specific elements and is often challengable, though again I must stress that the strength of any defense depends on the facts in your case and cannot be drawn out from others. The custody range (the amount of time a person may spend in county or doing some sort of alternative jail program like Sheriff's work program) is 0-180 days. It has been my experience that sentences tend to be in the low range. There will also be court fees such as a criminal conviction fee, an emergency response fund fee, etc. and you will be subject to three years' informal probation during which you must obey all laws and make sure that the court has your current address at all times.

In some cases, again depending on the facts, your attorney may suggest a diversion program which would give you the option of not having a conviction stay on your record so long as you comply with certain programs and rules for a set amount of time (usually a year.) Again, this is something that you should speak to a qualified attorney about.

This does not have to be the end of the world. It's not the best thing that can happen to you, but if you work with a competent attorney, you may have some options. Feel free to contact me for a free consultation, but even if you choose not to, please do contact an attorney of your choice.

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Answered on 1/09/12, 12:10 pm


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