Drunk in public - CA

[Fignewt]

What is the name of your state? California

Thanks in advance for any advice. My brother is 21 years old and lives in the city of Santa Clara, California. He threw a party for some of his friends who came back for Thanksgiving, and needless to say it was a little too loud for the neighbors. Santa Clara police showed up the first time, kept their cool, and simply gave my brother a written warning. They came back 15 minutes later and repeated their warnings, and again 10 minutes after that, understandably a little annoyed and a bit heated. They asked my brother to step outside onto his porch to talk, after a while, they placed him in handcuffs at around midnight saying he was drunk in public. I witnessed it and he never stepped once off his porch, and the ONLY reason he went outside was because the police told him to. He was never breathalized or given any type of sobriety test (which I'm sure doesn't matter).

Now I understand no one can tell the outcome of cases, especially over online forums, but I've told everything I know truthfully, and my question is im wondering in the eyes of the internet public, does this case have a good or decent chance of being written off? I can supply any other information. Again thank you in advance for any advice.

[garrula lingua]

Your brother may be charged with a PC 415 (disturbing the peace) or PC 148 (delay, obstruct, resist a police officer)**************....
...Most likely, the cops realized the only way to tone down the noise was to arrest Bro, and he will probably be charged with 415, credit time served and 12-24 months of sum**** probation.
Hopefully, he will get (& take) such a good offer to resolve the case.

...If he's charged with a drunk in public PAC 647(f), the charge is wrong - he was not 'in public'.....but, prior to trial, the DA can add the 415 and 148, one as serious and one worse, (both of which he is guilty of, per the facts).

[CdwJava]

Actually, once he is past the threshold, he is "in public". Unless there is no access to the front porch, he can be arrested for 647(f) on his front porch. If there is a gate or other barrier to that porch, than the "public" part is arguable.

However, since he was outside only at the behest of the officers, chances are the charges won't go. DA's do not tend to like it when the police call the drunk outside. And, as is common with these arrests, chances are that no charges will be forthcoming from the DA.

- Carl

[gawm]

Wow... that was a dirty trick. if i was your brother i would be pissed! But if i was your brothers neighbor, i would love it! They more than gave him a chance.