California: 647(f): drunk in public, 602(m): trespassing

In California, I was at a Major League Baseball game, and was subsequently arrested. I was charged with 647(f): drunk in public, and 602: trespassing.

I was held over night, and the next morning the cops were pretty certain the case would be dismissed. They only wrote out a ticket for 602(m) trespassing in a public place. I went to the subsequent court date the next week and the DA read a list of names (mine included) whose cases were to be dismissed. So I left.

A week or two later, i received a letter in the mail from the DA informing me that the case has not been dismissed, and on the violations it added 647(f) drunk in public. It goes on to state i was cited or arrested for a misdemeanor offense, and the DA has determined that this matter be resolved in a Community Court hearing.

My question is, if i go to Community Court, is that result binding? Also, can I chose to fight the 647(f), or more specifically, what is the burden of proof on the DA as I was not tested at any time?

As far as the trespassing goes, is there anything I can do with that? I was in the baseball stadium, and escorted out (I had a ticket).

Thanks guys.

NeonD

NeonD said:

In California, I was at a Major League Baseball game, and was subsequently arrested. I was charged with 647(f): drunk in public, and 602: trespassing.

I was held over night, and the next morning the cops were pretty certain the case would be dismissed. They only wrote out a ticket for 602(m) trespassing in a public place. I went to the subsequent court date the next week and the DA read a list of names (mine included) whose cases were to be dismissed. So I left.

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Did they specifically state the cases were dismissed, or did they say they haven't filed on them yet? I doubt they used the word "dismissed"

A week or two later, i received a letter in the mail from the DA informing me that the case has not been dismissed, and on the violations it added 647(f) drunk in public. It goes on to state i was cited or arrested for a misdemeanor offense, and the DA has determined that this matter be resolved in a Community Court hearing.

My question is, if i go to Community Court, is that result binding?

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Yes

Also, can I chose to fight the 647(f), or more specifically, what is the burden of proof on the DA as I was not tested at any time?

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Yes, you can enter a plea of not guilty.
The burden of proof can be met by the testimony of the officers and/or security personnel who witnessed your behavior and then found it necessary to escort you out of the stadium.

As far as the trespassing goes, is there anything I can do with that? I was in the baseball stadium, and escorted out (I had a ticket).

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If you were asked to leave and refused, then you were trespassing. They only have to ask once. Since they found it necessary to have the police escort you from the stadium, I'm guessing you were first asked to leave without the escort.

Lets face it, sober, well behaved fans who act civil to all the fans around them and who do not make a scene and draw negative attention to themselves, do not get escorted out of ball games.


647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:

(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.

I'm sorry, the case was not "dismissed" but instead the DA "will not be filing charges," and yes, you're absolutely correct, I myself drew the attention of park security, and do not blame them, or the police for the consequences.

I was simply wondering if trespassing charges filed from entry into a baseball game would be easily dismissed and what the burden of proof for the drunk in public is.

Thank you for your informative response.

"Community Court" is generally an informal process. However, not knowing your jurisdiction, I am not sure what consequences it might have.

In general, for public intoxication, the state need only improve that you were consumed a drug, alcohol, or some intoxicant, and that by your actions or impairment were not capable of taking proper care of yourself or others. In other words, if you had been drinking and started causing a scene or a fight, you can be found guilty.

- Carl

Update: Went to community court. received 8 hour community service (picking up trash) +$20 administrative fee, or $80.