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Drunk in public

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a8le

Junior Member
What is the name of your state? California.

Hi all,

I am currently living in Alabama right now and went back to California this summer (2007). I went out to club had fun. Then left, on the way out my friend get into fight, then I tried to stop the fight. Ironically, he is let go and I was busted for "drunk in public." So I am back in AL, and have an up and coming court date in CA. I want to fight the case. So here are my questions:

1) Do I have to be there, can a lawyer represent me?

2) Is it worth it to get a lawyer if a flight back is only $400, and a public defender is free.

3) Are public defenders there to put you in?

4) Okay I don't even know what the police reports says. Is there a way for me to know what it says now! (court date in a month)... I sent in a request (proper forms and dues, done) for the report but its been over a week, they have not replied.

5) Is there a way to delay, the court date maybe? I'll be back in CA come Xmas time.

Thanks in advance,
a8le.
 
Last edited:


seniorjudge

Senior Member
1) Do I have to be there, can a lawyer represent me?

A: Yes and yea.



2) Is it worth it to get a lawyer if a flight back is only $400, and a public defender is free.

A: You need a lawyer.



3) Are public defenders there to put you in?

A: Public defenders are expert criminal defense attorneys.


4) Okay I don't even know what the police reports says. Is there a way for me to know what it says now! (court date in a month)... I sent in a request (proper forms and dues, done) for the report but its been over a week, they have not replied.

A: Have your lawyer file a motion for discovery.



5) Is there a way to delay, the court date maybe? I'll be back in CA come Xmas time.

A: Your lawyer in California needs to ask the court. Somehow I doubt that they will want to back up their docket but you can always ask.
 

CdwJava

Senior Member
1) Do I have to be there, can a lawyer represent me?
As SJ wrote: Yes and yes. However, with an attorney something MIGHT be worked out where your presence will not be needed. Consult a local counsel ASAP - don't wait until a week before your court date or you will likely get issued a warrant for your arrest if you do not show.

2) Is it worth it to get a lawyer if a flight back is only $400, and a public defender is free.
You will have to be present for the arraignment unless you pay for your own counsel. At arraignment, if you cannot afford one, counsel will be appointed for you. But, if you make too much money or have assets, they will not appoint one.

3) Are public defenders there to put you in?
They are there to defend you. They are not there to dink around the system and file motion after motion to drag things on. If you want someone who will spin the wheels of justice into the ground, pay for your own attorney who will bill you by the hour.

4) Okay I don't even know what the police reports says. Is there a way for me to know what it says now! (court date in a month)... I sent in a request (proper forms and dues, done) for the report but its been over a week, they have not replied.
California state law (Government Code 6254(f)) allows law enforcement agencies to withhold police reports from disclosure to anyone but the defendant's legal representative. Some agencies WILL release the report pending trial, but most will NOT do so.

5) Is there a way to delay, the court date maybe? I'll be back in CA come Xmas time.
Hire an attorney and ask him to do it ... if he can.

- Carl
 

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