Will I serve jail time for being drunk in public? 11 Answers as of June 11, 2013

I was at a rave and got charged for drunk in public. Will I serve jail time?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I doubt it. Probably a fine. May be required to go to drug court.
Answer Applies to: California
Replied: 3/28/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
No, you won't. Just a fine.
Answer Applies to: California
Replied: 3/28/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
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.
Answer Applies to: California
Replied: 3/28/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Very doubtful. You should talk to a local criminal attorney regarding your case.
Answer Applies to: California
Replied: 3/28/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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.
Answer Applies to: California
Replied: 3/28/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Most likely you will not have to do time. However, you will need a good attorney. This is still very serious.
    Answer Applies to: California
    Replied: 3/28/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    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.
    Answer Applies to: California
    Replied: 3/28/2011
    Law Offices of Staycie R. Sena
    Law Offices of Staycie R. Sena | Staycie R. Sena
    This answer is going to depend on the jurisdiction you are in. If this is a first offense, you will probably not serve any jail time. If you have an attorney, your chances of jail time are even slimmer.
    Answer Applies to: California
    Replied: 3/28/2011
    Desert Defenders
    Desert Defenders | John Jimenez
    No.
    Answer Applies to: California
    Replied: 6/11/2013
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