647 (f) drunk in public - first offense - do I need legal representation?

[mtnilsson78]

State of California. I was arrested for violating CA penal code section 647(f) and spent 9 hours at the jail at the West Hollywood Sheriff's Station. I need to appear at LASC West Beverly Hills Courthouse on Tuesday, December 30th. The offense occured on Halloween night in West Hollywood, there was a lot of people around (mostly in costume) and I lost track of where my friends were at. The cop that arrested me was fairly vulgar and from what I remembered was on a power trip. I have no prior offenses (clean record) as well as a clean driving record. My friends and I arrived via taxi so I had no intentions of driving home that night. Do I need an attorney to get a copy of the police report? Do I need legal representation? If I need to get legal representation who will be able to attend a case on such a tight time frame? I am on an extremely tight budget right now so not having that extra expense will be beneficial if possible. What are the chances that I can get my record expunged? Again, other than this offense I have a clean record.What is the name of your state (only U.S. law)?

[CdwJava]

Originally Posted by mtnilsson78

Do I need an attorney to get a copy of the police report?

Probably. While the law does not prevent the agency from releasing the report to you, the law permits them to withhold it should they choose. Your legal counsel can obtain it, or, the court or DA might provide it to you through discovery. Chances are you will need an attorney to obtain it.

Do I need legal representation?

When charged with a crime, it is always advisable to have an attorney represent you. Most the time these charges are dismissed as settled by the arrest, but, sometimes, the defendant may face a fine and some form of probation or community service. What the practice is in your court, I cannot say.

If I need to get legal representation who will be able to attend a case on such a tight time frame?

You will have to call around tomorrow. The first hearing should be the arraignment. At that time you will be read the charges and asked to make a plea. You should also be asked if you are represented by counsel and, if not, if you can afford counsel. If you claim not to be able to afford counsel, an attorney may be appointed for you ... AFTER you submit the requisite documents that demonstrate a financial hardship.

It is also possible that the DA may choose to drop the matter at arraignment.

What are the chances that I can get my record expunged?

After you have served whatever penance the court provides, your chances are pretty good. However, understand that in CA an expungement does not mean the record goes away, it just means that public access to it is limited. The government can still access it as needed.


- Carl

[garrula lingua]

At your first appearance (the arraignment), you can appear 'pro per' and ask the Judge for a copy of the police report and the Judge will have the clerk give you a copy (the Defense Attorney's copy is in the court file in Los Angeles).

The Prosecutor will make an offer at your arraignment; if it is unacceptable, ask for a continuance to hire an atty & ask for a copy of the police report to take to an atty.

Usually, the Prosecutor will reduce this charge to an infraction in return for some Alcoholics Anonymous meetings or community service.

It is usually a 'time served' offense, whereby you plead guilty, are put on probation for about 24 months and that's it.
However, it is a misdemeanor conviction on your record. If you can get it reduced to an infraction, try hard to do that.