QUESTION

Will I serve jail time for being drunk in public?

Asked on Mar 24th, 2011 on Criminal Law - California
More details to this question:
I was at a rave and got charged for drunk in public. Will I serve jail time?
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5 ANSWERS

Criminal Law Attorney serving Palm Desert, CA
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No.
Answered on Jun 11th, 2013 at 12:40 AM

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Very doubtful. You should talk to a local criminal attorney regarding your case.
Answered on Mar 28th, 2011 at 10:21 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Every crime is punishable with jail time. The less serious the crime, the less likely jail is. When charged with a misdemeanor, you face up to 6-12 months in jail on each count. If you have priors, they are penalty enhancements. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail. Not generally a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. This should be a situation where counsel can keep you out of jail, and may be able to even keep a conviction off your record.
Answered on Mar 28th, 2011 at 9:59 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Gabriel Dorman
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Penal Code Section 647(f) makes it a misdemeanor to be under the influence of alcohol and/or drugs in a manner in which you are unable to exercise care for yourself or others. As such, it is punishable by up to 6 months in county jail. That being said, if you have a minimal or no prior criminal record, it is highly unlikely that you would have to serve any jail time if you are convicted of being drunk in public. The only way to really tell what is possible, is to contact an experienced criminal defense attorney to fully evaluate your case. I hope this answer was helpful. Good luck.
Answered on Mar 28th, 2011 at 9:57 AM

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PC 647(f) is a misdemeanor, so yes, jail is a possibility. However, since it is a relatively minor misdemeanor, consider having an attorney negotiate with the prosecutor so that the charge can be either infracted or dismissed.
Answered on Mar 28th, 2011 at 9:17 AM

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