P.C. 647(f) “Drunk in Public” Arrests Explained

Also known as a “drunk and disorderly,” California Penal Code Section 647(f) makes it a misdemeanor crime for a person to be under the influence of alcohol or drugs in a public place and to be in such a condition that either:

1) the person’s intoxication makes him or her “unable to exercise care for his or her own safety or the safety others” or

2) due to his or her level of intoxication, the person “interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.”

A conviction for a drunk in public carries with it up to six months of jail time, fines, and probation. Repeat offenders with two prior convictions may face up to a year in jail.

To be convicted of this crime, the prosecution must prove several elements beyond a reasonable doubt. First, the person must be in a public place. Courts have defined a public place as the “area outside a home in which a stranger is able to walk without challenge.” This definition has been expanded somewhat by case law to include a car parked in a public street, the hallway in an apartment building, and the area in front of a house, including the driveway and front porch.

Next, it must be shown that person was in one of the two conditions stated above. An example of person who is unable to care for his or her own safety or the safety of others would be a person who is falling down drunk, unable to walk, with the potential of wandering into traffic. Merely being intoxicated, if you are in control of your facilities, is not enough for a conviction under this standard.

The second way a person may be convicted of this crime is if he or she interferes or obstructs a street, sidewalk, or public way. This can be shown when a person is lying on a street or sidewalk, or otherwise incapacitated in some way. Again, mere intoxication is not enough for a conviction. If you were lying on the ground asleep, but wake up as soon as you are approached by the officer and remove yourself as an obstruction, you should not be found guilty!

In reality, drunk in public violations are often charged, but with the help of a skilled attorney, should rarely result in convictions. Simply put, you must be pretty darn wasted to be found guilty. Even in that case, however, due to the minor nature of the offense it is often possible to enroll in a diversion program in which you may complete an alternative sentence, such as community service or Alcoholics Anonymous classes, and then have the charges dismissed completely. For most people, the most important consideration is the desire to keep a conviction off his or her record. With a charge of P.C. 647(f), that should be possible.

If you have been charged with a drunk in public violation due to a night out of drinking that got just a bit too wild, you should contact an attorney today. Even though this is a minor charge, it is important to make sure you do not end up with an ugly black mark on your record. Contact the Law Offices of Scott R. Ball today for a completely free and always confidential evaluation of your case

What it Means to “Expunge” a Criminal Record

If you have been convicted of a crime, the stigma associated with the conviction is something that can haunt you for the rest of your life. Having to check “yes” on a job application when asked if you have ever been convicted of a crime is often enough to cost you the job, especially in these tough economic times. However, if you were convicted of a misdemeanor and have stayed out of trouble since then, it is actually relatively easy to have that record “expunged.”

It is important to understand what an expungement entails. Most important, after a motion for expungement under CA Penal Code 1203.4 is granted, you may legally check “no” when asked by private employers if you have ever been convicted of a crime. When a criminal conviction is expunged, the law no longer considers you as having been convicted of the offense.

However, it is also important to realize what an expungement does not do. It does not relieve you of your duty to disclose the conviction when you are applying with government employers or government licensing applications. In that situation you may state “Yes – conviction dismissed.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of the crime.

In addition, an expungement does not erase the conviction for several other purposes. An expunged criminal conviction can still be used to increase your punishment in future criminal cases. If your conviction prevented you from owning a gun, possessing a driver’s license, or holding a public office, an expungement will not re-instate those privileges.

If you have successfully completed all terms of your probation, paid all of your fines and fees ordered by the court, and have stayed out of trouble (traffic tickets are OK), then it is relatively easy to have a misdemeanor conviction expunged from your record. While there are no guarantees, if all of the above are true in your case, there is an excellent chance your motion for expungement will be granted.

Expunging a criminal record can have a substantial therapeutic effect on a person. For many people, a single youthful transgression can mar an otherwise outstanding record. By expunging your record, that mistake can be forgotten. It’s also great to finally be able to check “no” on that job application!

If you wish to close a forgettable chapter of your life, you should contact the Law Offices of Scott R. Ball today. A discussion and evaluation of your case is completely confidential and free.

Domestic Violence and Victim Restitution – Why You Need to Protect Yourself Even After Disposition

If you are facing criminal charges of domestic violence, it is important to know that there is more to your case than simply the sentence imposed by the court. After a finding of guilty or no contest, the court may then impose additional restitution in an effort to compensate the victim for his or her damages.

A restitution hearing is a type of mini-trial designed to restore the victim’s economic losses he or she suffered due to the defendant’s crime. This can include:
· medical expenses, including mental health and counseling expenses;
· the value of stolen or damaged property;
· lost wages and profits, including wages lost due to injuries suffered from the crime, testifying in court, and attending trial.
· relocation and security expenses;
· investigative expenses incurred by the victim related to the criminal case; and
· attorney’s fees incurred by the victim.

Further, an interest of ten percent can accrue on all orders of restitution made by the court.

A defendant facing potential restitution has the right to be represented by an attorney and dispute the validity and amount of any potential restitution. The court’s power to award restitution is broad and it is possible that a victim can attempt to take advantage of the system by overstating damages, lost wages, and other expenses. It is important for a defendant to have an experienced attorney at his or her side when facing a restitution hearing.

If you are facing domestic violence charges, you must be aware of the potential economic losses you may suffer in restitution damages. Restitution can result in a far greater harm to the defendant than the underlying criminal sentence. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.

Stages of the Criminal Process: Arraignment

When a person is charged with a crime, the first formal legal process is the arraignment. The arraignment is a hearing before a judge where several important things occur. If a person is in custody, the arraignment must occur with two to three days. Otherwise, arraignment is usually set for a date several weeks in the future.

There are several purposes of an arraignment. First, the defendant is formally read the charges he or she is facing. Next, the defendant is informed of his or her rights. For misdemeanor and felony crimes, these include a right to a jury trial, a right to present evidence, a right to confront adverse witnesses, and, if any jail time is a possibility, a right to an attorney. To be appointed a Public Defender, a defendant must meet certain income criteria. Depending on your income level and assets, the court may or may not decide that you qualify for the services of the Public Defender. If the court determines you do not qualify, generally you will be allowed to continue the arraignment in order to obtain a private attorney.

In a misdemeanor case, even if you do qualify for a Public Defender, it is often wise to obtain the services of a private attorney, because they may appear at the arraignment (and several other proceedings) without your presence. A great benefit of retaining private counsel is the simple fact that you do not have to miss work and spend all morning in a courtroom waiting to be called. This is true in some proceedings in felony cases as well, although courts vary in their requirements for the presence of the defendant.

The arraignment is also the point where the District Attorney (or City Attorney, depending on which agency is prosecuting your case) will provide you or your lawyer with a copy of the complaint (the formal document stating the charges against you) and the police report or other information on which your charges are based. Once you and your lawyer have a copy of this information, you have a much better idea what kind of case you have. The defendant is also given an opportunity at this point to enter a plea of guilty, not guilty, or no contest. At the arraignment, you should almost always plead not guilty! You have just received the evidence against you, so why would you want to admit guilt before even examining your case?

If you have been arrested and have an arraignment scheduled, it would be wise of you to contact an attorney immediately. If you do not qualify for, or do not wish to be represented by the Public Defender, it would be prudent to retain private counsel immediately or the initial arraignment will simply be a waste of a morning in court. To speak with a skilled attorney about your case and what can be done, contact the Law Offices of Scott R. Ball today.