CA: 647f - Public Intoxication

[MT236]

Hello, I was in Santa Barbara for Halloween and left a party with a group of friends intoxicated after having some drinks. We were walking back to my friend's house when a girl, who was also intoxicated, bumped into me and thus pushed me into two police officers who were standing in the street (the street was basically filled with college students walking around that night). Two other police officers notice I had bumped into the police and quickly pushed two of my friends to get a hold of me. I was handcuffed and spent the night in jail. I didn't have anything on me.

I have a court date on the 3rd of December and have no idea what to do at this point. I've never had so much as a speeding ticket on my record. I feel I was unjustly arrested, as I was in no harm to myself nor to anyone around me. I had no problem answering the police officer's questions. Everyone on the streets that night was undoubtedly intoxicated.

What should I do at this point? I'd like to have it taken off my record and fight it. Should I hire a lawyer? I'd rather fight this myself if possible, as I'm just a college student. I have friends as witnesses willing to testify, is this allowed in such a case? What are the chances the case gets dismissed and / or penalties?

Thank you very much

 

[CdwJava]

Hello, I was in Santa Barbara for Halloween and left a party with a group of friends intoxicated after having some drinks. We were walking back to my friend's house when a girl, who was also intoxicated, bumped into me and thus pushed me into two police officers who were standing in the street (the street was basically filled with college students walking around that night). Two other police officers notice I had bumped into the police and quickly pushed two of my friends to get a hold of me. I was handcuffed and spent the night in jail. I didn't have anything on me.

I have a court date on the 3rd of December and have no idea what to do at this point. I've never had so much as a speeding ticket on my record. I feel I was unjustly arrested, as I was in no harm to myself nor to anyone around me. I had no problem answering the police officer's questions. Everyone on the streets that night was undoubtedly intoxicated.

What should I do at this point? I'd like to have it taken off my record and fight it. Should I hire a lawyer? I'd rather fight this myself if possible, as I'm just a college student. I have friends as witnesses willing to testify, is this allowed in such a case? What are the chances the case gets dismissed and / or penalties?

Thank you very much

Your best bet is to hire an attorney. If you cannot afford one, one will be appointed by the court on or about the date of your arraignment.

Stumbling around, getting into altercations, etc. ARE elements of the offense and can indicate that you were unable to care for yourself or others. But, you are free to fight it if you wish.

Many jurisdictions will dismiss these at arraignment or prior to trial as matters settled by the arrest. So, you may never have to worry about a trial.

 

[MT236]

Your best bet is to hire an attorney. If you cannot afford one, one will be appointed by the court on or about the date of your arraignment.

Stumbling around, getting into altercations, etc. ARE elements of the offense and can indicate that you were unable to care for yourself or others. But, you are free to fight it if you wish.

Many jurisdictions will dismiss these at arraignment or prior to trial as matters settled by the arrest. So, you may never have to worry about a trial.

CdwJava, thanks for your response. Will fighting it remove it from my record? I live four hours away from SB, so how would I go about having it settled without having to worry about a trial? Thanks again

 

[CdwJava]

If you fight it and win, then you will not have a conviction on your record. However, fighting it will likely require at least two appearances in court. You can hire an attorney to work a deal for you, perhaps. That might save you some time and he might be able to negotiate diversion to keep it off your record. make a few calls for local attorneys in the area there and ask a few questions.