Legal Question in Civil Litigation in California
drunk in public charge
subject was ''drunk in public'' in front of his own home - he was taken to jail and released six hours later. (september 2007). Subject stopped drinking that day and has not had a drink since. This was a one-time incident.
He was given the opportunity to attend a class or go to court. He refused the class because they wanted money up front.
He went to court and was told the charges had been dismissed.
December 1 2007 he received a letter ''state vs subject''; letter mentions alcohol and drugs He has to go to court in January. He called - he was told the charges being dismissed was a ''mistake''.
When he was arrested he was never tested for alcohol or drugs.
What can possibly happen at this point?
Thank you
3 Answers from Attorneys
Re: drunk in public charge
Not a General Civil Litigation question - repost in Criminal Law section.
Re: drunk in public charge
What is your relationship to "subject"? Is this just an academic question because you have no control over subject?
Was the case actually dismissed or were they just mistaken in telling him it was dismissed. Subject needs to check with a criminal lawyer but it sounds as though the D.A has to refile the charges, which is easy to do. He also needs to find out whether the lack of evidence as to the level of alcohol in his blood stream would be sufficient to prevent a conviction on being drunk; he would still be guilty of creating a public distrubance.
He needs to go to a local attorney specializing in criminal cases who can deal with the DA to get the charges dropped as long as he is not arrested again within the next few years. He should not represent himself as the DA will not speak him until they go in front of the judge and many judges have little respect for people representig themselves.
Re: drunk in public charge
The same as any criminal charges -- potential jail, fines and probation. You need to deal with the charges properly, defending on the facts and law. Get an attorney if concerned about a criminal 'record' in the future.
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