Legal Question in Criminal Law in California

I am a Swiss student, 25 years old. In 2009 I was in San Diego for studying English. The last evening I was arrested 7 hours for drinking alcohol in public (647(f) P.C.). I never had to pay a fine. This summer I would like to travel to Hawaii. Is it a problem to stay in the USA? What do I have to fill in at ESTA / Visa Waiver Program? There I have to answer the following question:

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Do I have to answer yes? As far as I know I didn't get a record for this.

Thank you


Asked on 2/18/11, 3:03 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I am not a criminal lawyer. It seems to me that drinking alcohol in public is not "an offense or crime involving moral turpitude." Alcohol is not a controlled substance. You apparently haven't been arrested or convicted for TWO OR MORE offenses, and haven't trafficked in controlled substances.

Black's Law Dictionary defines "moral turpitude" as: "The act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow man or to society in general, contrary to accepted and customary rule of right and duty between man and man." Drinking alcohol in public doesn't seem to fit that definition.

Read more
Answered on 2/19/11, 11:42 am


Related Questions & Answers

More Criminal Law questions and answers in California