Question

What are the consequences for a drunk in public arrest?

What are the fines and punishment for a first offense drunk in public arrest? This was a 647 f, a drunk in public and not a DUI.
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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
95 S Market St Ste 300 - San Jose, CA 95113 | 408 292-1564
A Drunk In Public is punishable the same as a standard Misdemeanor, with a maximum of 3 years probation, a $1000 fine and 6 months in jail. But it is thought of as a very low level offense and can usually be resolved by a Dismissal if one completes 10 or so AA meetings. Naturally that assumes you have not been convicted 10 times before.

Answer Applies to: California
Replied: 8/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg
For a first time drunk in public you should be looking at three years of summary probation and time served. This depends on all the facts. There are some facts that can change this.

Answer Applies to: California
Replied: 8/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Edward J. Blum
It should be a dismissal. The statute says that they have to offer you a civil commitment until you sober up before they arrest you.

Answer Applies to: California
Replied: 8/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Wallin & Klarich: A Law Corporation
Punishment for a misdemeanor 647(f) is six months in jail and a $1,000 fine.

Answer Applies to: California
Replied: 8/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Wallin & Klarich: A Law Corporation
IT entirely depends upon what court you are going to for your case. In some courts they have alternative programs so you can avoid the misdemeanor being on your record. In others, you will be placed on probation and pay a fine and have to do an alcohol program. In other courts, you will pay a fine but will not be on probation. For what is likely to happen in your case you need to meet with an experienced criminal defense law firm and they can assist you with your case.

Answer Applies to: California
Replied: 8/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Joe Dane
The consequences are not horrific, but you're left with a misdemeanor conviction on your record that you'll have to deal with. Better to avoid a conviction in the first place if at all possible. There may be factual defenses (as in they can't prove the elements of the charge against you), legal defenses or alternative dispositions that can be worked out by your attorney to avoid a conviction.

Answer Applies to: California
Replied: 8/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nelson & Lawless
An arrest record already, and if convicted, that will be put on your record. Typical penalties for a first time offender are likely to be moderate fines and several years of probation. Also possible are diversion programs in lieu of conviction, and programs of deferred entry of judgment after probation. Your attorney can explain them to you, and if your record qualifies you for them, seek such outcome as part of plea bargaining. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Answer Applies to: California
Replied: 8/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh
Misdemeanor criminal record, maybe a year or two on probation, and probably no jail time. On the other hand, since it is a relatively minor offense, you may want to hire a skilled lawyer, who may be able to have it reduced to an infraction or completely dismissed.

Answer Applies to: California
Replied: 8/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dennis Roberts, a P.C.
If this is your first offense it will be a fine and court (non-reporting) probation but if you have a lawyer or P.D. you should see if they can get it down to a 415. A 415 can be punished as an infraction which means you do not have a record. Good luck.

Answer Applies to: California
Replied: 8/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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