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Drunk In Public Charge (San Jose, CA)

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ykim

Junior Member
What is the name of your state (only U.S. law)? California (Spec. San Jose)

Last Friday I went to downtown San Jose with my friends and had a few drinks. Last thing I remember was leaving the club to go across the street to meet up with another group of friends. Next thing I know is that I was awake in the police station cuffed to a chair and puke on my shoes. When they released me they had told I was to appear in court for Drunk In Public, PC647 F.

I have never been arrested before in my life. What is the most likely outcome of this incident? Will there be a way for me to come away with some kind of deal with the DA or Judge where I won't have anything on my record? I have learned my lesson and have had trouble sleeping and eating due to this. (Hard to believe but very true, I have dropped 5 pounds.) Any guidance or help would be appreciated. And I WILL be there for my court appearance.

I am also willing to do whatever it takes for me to get these charges dropped or dismissed. I am also a college student that probably could not afford a lawyer if needed as well.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? California (Spec. San Jose)

Last Friday I went to downtown San Jose with my friends and had a few drinks. Last thing I remember was leaving the club to go across the street to meet up with another group of friends. Next thing I know is that I was awake in the police station cuffed to a chair and puke on my shoes. When they released me they had told I was to appear in court for Drunk In Public, PC647 F.

I have never been arrested before in my life. What is the most likely outcome of this incident? Will there be a way for me to come away with some kind of deal with the DA or Judge where I won't have anything on my record? I have learned my lesson and have had trouble sleeping and eating due to this. (Hard to believe but very true, I have dropped 5 pounds.) Any guidance or help would be appreciated. And I WILL be there for my court appearance.
**A: the 2 pound loss; was that due to not drinking?
 

ykim

Junior Member
**A: the 2 pound loss; was that due to not drinking?
Not eating. Not trying to be rude. but i used to weigh 265 and dropped myself to 195ish and now weigh 190. I have not drank in 2 months before that night. and rarely drink.
 

SIN EATER

Member
647f charges are usually meant to keep the community clean more than to punish you for your behavior.

In most jurisdictions, the Prosecutor will offer AA classes with a short probation, or community service for a dismissal or for a conviction of charges.

I suggest you attend a few AA classes (and get a signed sheet showing that you attended - make up your own sign-in sheet and get a signature), and show that to the Prosecutor, with the info that you are getting a handle on your drinking & it will never happen again.
Ask if you can do more AA meetings for a dismissal of the charges.
 

ykim

Junior Member
647f charges are usually meant to keep the community clean more than to punish you for your behavior.

In most jurisdictions, the Prosecutor will offer AA classes with a short probation, or community service for a dismissal or for a conviction of charges.

I suggest you attend a few AA classes (and get a signed sheet showing that you attended - make up your own sign-in sheet and get a signature), and show that to the Prosecutor, with the info that you are getting a handle on your drinking & it will never happen again.
Ask if you can do more AA meetings for a dismissal of the charges.
thanks for your reply and I have started attending AA classes. what area are you from, if you don't mind me asking. Also are there any other pieces of advice you can offer?
I really appreciated you taking your time to answer my question.
 

CdwJava

Senior Member
Diversion is frequently offered for public intoxication. It is also somewhat common for this offense not to be prosecuted unless there is a history of similar problems. What will happen in your case is anyone's guess.

Attending counseling or meetings probably would not hurt, but they might not have a whole lot of bearing on your sentence. But, I am not familiar with how Santa Clara County handles these matters these days since it has been nearly two decades since I have lived in San Jose.

- carl
 

ykim

Junior Member
thanks for the replies so far. more would be appreciated.

also, if the case is dismissed, what implications would it have on my record?
 

CdwJava

Senior Member
thanks for the replies so far. more would be appreciated.

also, if the case is dismissed, what implications would it have on my record?
If dismissed, that would mean that there is no conviction. If there is no conviction, then there is no record to speak of. Most private employers cannot ask about arrests at all. While there might be some record of this at the police department, and even at the court, it is something that requires some searching ... or, research through a background site that accesses local public records.

- Carl
 

ykim

Junior Member
any other input would be appreciated. also if there is something i could do before trial to resolve the issue?
 

ykim

Junior Member
is there a chance that i can get it reduced to an infraction?
if so how would i go about doing this?
 

ykim

Junior Member
how come i am not able to find myself in the arrest records for the department of corrections? is this not posted until after the court date?

also more advice or stories would be appreciated. yes i am sitll stressing. -_-
 

CdwJava

Senior Member
how come i am not able to find myself in the arrest records for the department of corrections? is this not posted until after the court date?
I don't know ... I am not familiar with their public system ... if they have one.

Were you actually booked and housed? Or were you cited and released?

Relax, this is NOT a huge crime.

- Carl
 

ykim

Junior Member
I don't know ... I am not familiar with their public system ... if they have one.

Were you actually booked and housed? Or were you cited and released?

Relax, this is NOT a huge crime.

- Carl
booked. i was printed and took a quick photo. i was not given a ticket. just a notice to appear in court, then released.

i know this is not a huge crime. i just it wouldn't be a misdemeanor on my record. honestly i can't even look at my parents straight in the eye anymore. i would be fine it being an infraction and me paying a fine/ aa/ community service, or having it not filed. i know the arrest record is there forever even if expunged. i plan to use my computer science degree when i graduate to apply for government jobs, etc. that is why i'm so worried.
 

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