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  1. #1
    econstudent25 is offline Junior Member
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    Drunk in Public charge 647 F, state CA.

    What is the name of your state (only U.S. law)? California.

    I recently was arrested and charged with drunk in public 647 (F). I would like to give a short story of how it happened.

    I walked my friend back to her coworkers apartment where she was going to spend the night. I get back to the apartment, drop her off, there was a verbal altercation which lead to a fight.

    My nose was bleeding alot, and my had swollen shut, some minor damage to teeth as well.

    I believe the verbal part took place inside the apartment, and the physical part took place just outside the door.

    I walked away from the apartment and called to police because I believed I was attacked.

    The police showed up, separated the apartment dwellers, and myself with one cop for each of us. After all was said and done, I was arrested and taking to a jail cell, just a single jail cell, and I was released the next morning with a 647 F drunk in public charge.

    It has only been two days. I have no prior arrests, charges, or traffic violations. I recently graduated with two degrees, looking for employment and I have a graduate school application pending and one I am working on.

    Can I request these charges to be dropped and in return complete AA counseling, and community service?

    So basically I would like to ask the community here what do they think I should do because I have never been in this kind of situation before.

    Thank you.
  2. #2
    CdwJava is offline Senior Member
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    Quote Originally Posted by econstudent25 View Post
    I recently was arrested and charged with drunk in public 647 (F). I would like to give a short story of how it happened.

    I walked my friend back to her coworkers apartment where she was going to spend the night. I get back to the apartment, drop her off, there was a verbal altercation which lead to a fight.

    My nose was bleeding alot, and my had swollen shut, some minor damage to teeth as well.

    I believe the verbal part took place inside the apartment, and the physical part took place just outside the door.

    I walked away from the apartment and called to police because I believed I was attacked.

    The police showed up, separated the apartment dwellers, and myself with one cop for each of us. After all was said and done, I was arrested and taking to a jail cell, just a single jail cell, and I was released the next morning with a 647 F drunk in public charge.

    It has only been two days. I have no prior arrests, charges, or traffic violations. I recently graduated with two degrees, looking for employment and I have a graduate school application pending and one I am working on.

    Can I request these charges to be dropped and in return complete AA counseling, and community service?

    So basically I would like to ask the community here what do they think I should do because I have never been in this kind of situation before.

    Thank you.
    You can ASK for anything you want. The prosecutor does not have to agree.

    You are fortunate that you were not charged with a mores erious offense such as battery. I suspect the police saw this as an argument between a couple of drunks and decided to resolve it by arrest.

    In many counties, prosecutors will not pursue first time 647(f) cases - they will drop the matter and consider it settled by the arrest. If they do pursue it, there is the possibility of pleading to a lesser offense, perhaps, such as disturbing the peace (which includes fighting in public) per PC 415.

    If it goes to trial and you have not sufficient means for your own attorney, one will be appointed for you.

    Try not to stress it too much - this is a pretty low level offense.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    econstudent25 is offline Junior Member
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    Thank you for your insight CdwJava.

    "they will drop the matter and consider it settled by the arrest." So are you saying that when I show up to my appointed court date, it is possible the judge will drop the matter (my charge 647 F) and consider the arrest (detention?) a sufficient reprimand?

    Yes I do also believe you when you say I was fortunate that I was not charged with battery. As I have been writing down many different ways it could have ended and battery charges was one possibility that could have resulted from this.

    One more thing if the community doesnt mind correcting me if I am wrong. Is the date I am supposed to show up in court the same date that the judge will decide to prosecute me or is this a date just to arraign another date for the final prosecution ( or is it trial)?

    Thank you for your response CdwJava and I look forward to hearing more insight and or similiar stories of charges and how they were handled.

    Until then I will continue to do research. I read that if the charges are dropped the judge can issue community service, AA counseling, or even weekend jailtime. Is this common?
  4. #4
    econstudent25 is offline Junior Member
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    Quote Originally Posted by CdwJava View Post
    You can ASK for anything you want. The prosecutor does not have to agree.

    You are fortunate that you were not charged with a mores erious offense such as battery. I suspect the police saw this as an argument between a couple of drunks and decided to resolve it by arrest.

    In many counties, prosecutors will not pursue first time 647(f) cases - they will drop the matter and consider it settled by the arrest. If they do pursue it, there is the possibility of pleading to a lesser offense, perhaps, such as disturbing the peace (which includes fighting in public) per PC 415.

    If it goes to trial and you have not sufficient means for your own attorney, one will be appointed for you.

    Try not to stress it too much - this is a pretty low level offense.
    After reading some more about 647f incidents, if the prosecutor drops the charge, does this mean it doesnīt go onto my record?

    And correct me if I am wrong. It will however go onto my arrest record right?

    Thank you again.
  5. #5
    CdwJava is offline Senior Member
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    Quote Originally Posted by econstudent25 View Post
    Thank you for your insight CdwJava.

    "they will drop the matter and consider it settled by the arrest." So are you saying that when I show up to my appointed court date, it is possible the judge will drop the matter (my charge 647 F) and consider the arrest (detention?) a sufficient reprimand?
    Not quite. What I am saying is that the prosecutor may choose to not file charges and to consider the matter as having been resolved by the arrest.

    Yes I do also believe you when you say I was fortunate that I was not charged with battery. As I have been writing down many different ways it could have ended and battery charges was one possibility that could have resulted from this.
    And, of course, you might have been hurt worse, too.

    One more thing if the community doesnt mind correcting me if I am wrong. Is the date I am supposed to show up in court the same date that the judge will decide to prosecute me or is this a date just to arraign another date for the final prosecution ( or is it trial)?
    The first date (the one on the citation) should be the arraignment. At that date you will be informed of the charges, asked for a plea, and asked about what you intend to do regarding legal counsel.

    It is never the judge that decides on prosecution, it is the District Attorney, or, in some cases, a city attorney.

    Until then I will continue to do research. I read that if the charges are dropped the judge can issue community service, AA counseling, or even weekend jailtime. Is this common?
    That is not "dropped" that would be diversion. Diversion can mean pleading guilty, then when you complete your requirements as set by the court the court can reopen the matter and then dismiss it. This is something your attorney would workout with the DA if it comes to that.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    CdwJava is offline Senior Member
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    Quote Originally Posted by econstudent25 View Post
    After reading some more about 647f incidents, if the prosecutor drops the charge, does this mean it doesnīt go onto my record?

    And correct me if I am wrong. It will however go onto my arrest record right?

    Thank you again.
    That depends on what record you are talking about.

    Your state criminal history (not available to the general public in CA) might reflect the arrest, but obviously would not reflect a conviction. A local history (at the jail and the arresting agency) almost certainly WOULD represent both the arrest and the booking.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  7. #7
    econstudent25 is offline Junior Member
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    Not quite. What I am saying is that the prosecutor may choose to not file charges and to consider the matter as having been resolved by the arrest.
    Suppose this were to happen. I would still have to pay a fine and or do community service?

    I am going to be calling an attorney tomorrow but out of curiosity, is the best thing to do, statistically speaking, to plead guilty?

    I mean, according to 647 F, and the police report, I know there will be enough
    evidence to support that I was not able to properly care for myself.

    I donīt mean to ask for any legal support, I am just more curious about anyone who has had history in this matter and has seen this before.

    Thank you again.
  8. #8
    CdwJava is offline Senior Member
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    Quote Originally Posted by econstudent25 View Post
    Suppose this were to happen. I would still have to pay a fine and or do community service?
    No charges and no conviction would mean not having to pay fines or do community service.

    If they were to offer diversion, then you might have to do these things in order to be eligible for a dismissal at a later time.

    I am going to be calling an attorney tomorrow but out of curiosity, is the best thing to do, statistically speaking, to plead guilty?
    The best thing to do is listen to your attorney.

    Pleading guilty without a deal in place may not be the best idea. If you need time, then at the arraignment you might consider pleading not guilty and using the time to acquire counsel, or, consult with appointed counsel.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    econstudent25 is offline Junior Member
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    Certificate of release

    Hello,

    Well im back and its been more than a month. Today, a week before my court date as written on my ticket a month ago the day i was released after my public intoxication charge, i have just received a certificate of release.

    CdwJava, is this what you meant when they may choose to not file charges and consider the matter having been resolved by arrest?

    It says that it was a detention only, not an arrest.

    Do i still have to show up for my court date?

    Thank you.
  10. #10
    CdwJava is offline Senior Member
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    Quote Originally Posted by econstudent25 View Post
    Hello,

    Well im back and its been more than a month. Today, a week before my court date as written on my ticket a month ago the day i was released after my public intoxication charge, i have just received a certificate of release.

    CdwJava, is this what you meant when they may choose to not file charges and consider the matter having been resolved by arrest?

    It says that it was a detention only, not an arrest.

    Do i still have to show up for my court date?

    Thank you.
    Yes, if it is deemed a detention only, then you appear to have been released pursuant to PC 849(b).

    As for the court date, unless you can verify in writing that you do not have to show up, you should make it just in case. I suppose a few phone calls might suffice, but if you do it by phone, be sure to get the name of the person you talked to.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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