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  1. #1
    ladyren21 is offline Junior Member
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    Dec 2005
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    Arrow Public Intoxication - first offense

    What is the name of your state? California

    I was recently arrested and cited with Public Intoxication (PC 647(f)). I spent the night in county jail but have very little memory of it, or the arrest itself. (a weekend of binge drinking will do that) Upon my release, I was informed of a court date set in December. As this is my first offense (and I am a poor college student who can't afford to pay a lawyer for advice), I'm completely in the dark as to what this all means and what to expect in court. I have gotten some advice from friends, though I doubt they really know what they are talking about. I'm hoping to get some advice before my court date so I have a better idea of what will happen.

    Should I get a public defender? How does that work? Should I plead "no contest"? What exactly does that mean? I've been to AA meetings since, will that make a difference? What kind of punishment is typical for this kind of offense? I know jail time is highly unlikely, but what about a fine (amount?), probation and community service? What about expungement? What exactly does that mean?

    Most importantly, I'd like to know what implications this will have on my future. Will this stay on my record forever? If so, how will it affect any future plans I may have (employment, etc). If you can't already tell, I'm quite nervous about this whole thing so any help offered is much appreciated. Thanks!!
  2. #2
    Join Date
    Nov 2005
    Location
    Murfreesboro,Tennessee
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    61
    Quote Originally Posted by ladyren21
    What is the name of your state? California

    I was recently arrested and cited with Public Intoxication (PC 647(f)). I spent the night in county jail but have very little memory of it, or the arrest itself. (a weekend of binge drinking will do that) Upon my release, I was informed of a court date set in December. As this is my first offense (and I am a poor college student who can't afford to pay a lawyer for advice), I'm completely in the dark as to what this all means and what to expect in court. I have gotten some advice from friends, though I doubt they really know what they are talking about. I'm hoping to get some advice before my court date so I have a better idea of what will happen.

    Should I get a public defender? How does that work? Should I plead "no contest"? What exactly does that mean? I've been to AA meetings since, will that make a difference? What kind of punishment is typical for this kind of offense? I know jail time is highly unlikely, but what about a fine (amount?), probation and community service? What about expungement? What exactly does that mean?

    Most importantly, I'd like to know what implications this will have on my future. Will this stay on my record forever? If so, how will it affect any future plans I may have (employment, etc). If you can't already tell, I'm quite nervous about this whole thing so any help offered is much appreciated. Thanks!!
    Hi,
    I'm not sure how California is with Public Intox. In most states Public Intox and Disorderly Conduct are almost the same thing.
    Depending by the state. It's usually a misdormeanor not payable by jail time.
    Ive never had one anywhere but Ohio. Under Ohio law its the same as Disorderly.
    I will look up California law and get back with you.
    Most likely you will get a fine and a smack on the hand. As long as there were no other charges involved.
    If youv'e never been to court then get a public defender. They will be able to help you more.
    Last edited by shawnintennesse; 12-01-2005 at 10:03 AM.
  3. #3
    TYRIS is offline Member
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    Jan 2002
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    california
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    454
    Should I get a public defender?
    -Yes, unless you can afford an attorney on your own.

    How does that work?
    -If you cannot afford to hire an attorney, you will be assigned one prior to court.

    Should I plead "no contest"? What exactly does that mean?
    -It means the same thing as pleading guilty. It just means that you are not contesting the charges against you without actually saying you are guilty.

    I've been to AA meetings since, will that make a difference?
    -Quite possibly.

    What kind of punishment is typical for this kind of offense? I know jail time is highly unlikely, but what about a fine (amount?), probation and community service?
    647.1. In addition to any fine assessed under Section 647, the
    judge may assess a fine not to exceed seventy dollars ($70) against
    any person who violates subdivision (a) or (b) of Section 647, or, if
    the offense involves intravenous use of a controlled substance,
    subdivision (f) of Section 647, with the proceeds of this fine to be
    used in accordance with Section 1463.23.
    The court shall, however, take into consideration the defendant's
    ability to pay and no defendant shall be denied probation because of
    his or her inability to pay the fine permitted under this section.

    647.2. If a person is convicted of a violation of subdivision (f)
    of Section 647 and is granted probation, the court may order, with
    the consent of the defendant, as a term and condition of probation,
    in addition to any other term and condition required or authorized by
    law, that the defendant participate in the program prescribed in
    Section 23509 of the Vehicle Code.

    -Your looking at a small fine and maybe probation.

    What about expungement? What exactly does that mean?
    -Expungement takes the conviction off of your permanent record.

    Most importantly, I'd like to know what implications this will have on my future. Will this stay on my record forever?
    -Yes, the conviction will stay on your record forever or until it is expunged.

    If so, how will it affect any future plans I may have (employment, etc).
    -It will probably have no affect on your future plans of employment. If you had several charges of drunk in public on your record it might be different.



    Tyris
  4. #4
    garrula lingua is offline Senior Member
    Join Date
    Jun 2005
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    2,924
    It's usually 12 or 24 months of sum**** probation and credit time served, or a small additional fine.

    If you are young & no record, ask for the public defender and have PD show your attendance at AAs to the DA and offer to do Cal Trans to keep it off your record (dismiss or reduce to an infraction 415 disturbing the peace).

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