“Was I unlawfully arrested for being ‘drunk in public?’”
558 بار بازدید -
3 سال پیش
-
San Diego Criminal defense attorney
San Diego Criminal defense attorney Stefano Molea breaks down public intoxication/drunk in public pursuant to Penal Code section 647(f).
Office Address:
Law Office of David P. Shapiro
3500 5th Avenue
Suite 304
San Diego, CA 92103
619-295-3555
https://www.davidpshapirolaw.com/
Was I unlawfully arrested for drunk in public.
Hi, Stefano Molea here, San Diego criminal defense attorney and partner at the law office of David P. Shapiro, where we help good people regain control their future when charged with a crime.
So I get this question a lot. I would regularly get people giving me a call, particularly from Pacific Beach here in San Diego County, about a similar type of experience. They had a few drinks, maybe mouthed off to a cop or drew their attention for some reason and then they get arrested for a PC647(f), which is disorderly conduct for being under the influence in public.
Sometimes charges are filed. Other times, the person gets thrown in the drunk tank and released with no ticket or court date. Let's talk about the situation where someone gets cited for 647(f)PC. Here is what the prosecution would have to prove. One, the defendant was willfully under the influence of alcohol and/or drug; willful meaning that they voluntarily consumed whatever it was and their drink wasn't spiked or something like that. Two, while under the influence, was it public place. A sidewalk obviously would count as an example. And three, either the defendant was unable to exercise care for his or her own safety, or safety of others, or the defendant interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public place.
So you see, it's not just about being under the influence. It has to be more than just that. What if you're thrown in the drunk tank and you believe that there was no way you were unable to take care of yourself or were going to cause harm to others and no way that you were obstructing the use of a public place as required by the law. Then maybe your constitutional rights were violated. Maybe the cop wanted to send you a message about being a little mouthy.
Look, I don't think the majority of cops would do this but unfortunately, I've seen a few cases where my opinion, that's exactly what was going on. In that case, a civil rights attorney could help you explore your options.
Hope this information was helpful. If you have any questions, feel free to leave them in the comments or you can give me a call. Stefano Molea, San Diego criminal defense lawyer, (619) 295-3555.
Office Address:
Law Office of David P. Shapiro
3500 5th Avenue
Suite 304
San Diego, CA 92103
619-295-3555
https://www.davidpshapirolaw.com/
Was I unlawfully arrested for drunk in public.
Hi, Stefano Molea here, San Diego criminal defense attorney and partner at the law office of David P. Shapiro, where we help good people regain control their future when charged with a crime.
So I get this question a lot. I would regularly get people giving me a call, particularly from Pacific Beach here in San Diego County, about a similar type of experience. They had a few drinks, maybe mouthed off to a cop or drew their attention for some reason and then they get arrested for a PC647(f), which is disorderly conduct for being under the influence in public.
Sometimes charges are filed. Other times, the person gets thrown in the drunk tank and released with no ticket or court date. Let's talk about the situation where someone gets cited for 647(f)PC. Here is what the prosecution would have to prove. One, the defendant was willfully under the influence of alcohol and/or drug; willful meaning that they voluntarily consumed whatever it was and their drink wasn't spiked or something like that. Two, while under the influence, was it public place. A sidewalk obviously would count as an example. And three, either the defendant was unable to exercise care for his or her own safety, or safety of others, or the defendant interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public place.
So you see, it's not just about being under the influence. It has to be more than just that. What if you're thrown in the drunk tank and you believe that there was no way you were unable to take care of yourself or were going to cause harm to others and no way that you were obstructing the use of a public place as required by the law. Then maybe your constitutional rights were violated. Maybe the cop wanted to send you a message about being a little mouthy.
Look, I don't think the majority of cops would do this but unfortunately, I've seen a few cases where my opinion, that's exactly what was going on. In that case, a civil rights attorney could help you explore your options.
Hope this information was helpful. If you have any questions, feel free to leave them in the comments or you can give me a call. Stefano Molea, San Diego criminal defense lawyer, (619) 295-3555.
3 سال پیش
در تاریخ 1400/02/17 منتشر شده
است.
558
بـار بازدید شده