Can You Get a Plea Deal for a Drunk in Public Charge

My question involves criminal law for the state of: California

Hi long story short, I had a night out with the guys on a yearly trip to Big Bear and got a 647(f) walking home from the bar. I admit I deserved and thankfully I did not hurt myself anyone or resist arrest. I landed a 16hr stay at the sheriffs office and now have a court hearing in a month for 647(f).

I am getting counseling from a substance abuse counselor and def want to make things right. This is my first offense and do not plan on making this mistake ever again. However a misdemeanor charge is going to hurt me professionally because it can affect my chances of gaining employment should I want to move to another job. I just want to get this past me.

I read a few stories on forums such as this and found conflicting responses and found this forum to be a bit more popular so I was hoping to try my question here.

In a few posts on other legal forums an offender was advised to speak to the DA the morning he or she was arraigned to see about leniency. However, I see other posts with similar questions get shutdown immediately by other attorneys saying its a mistake do such a thing and that you WILL incriminate yourself.

So ill ask it here.....Is there anyway I can ask for leniency from the DA before the court date or before my actual arraignment time? What are my chances of turning this into an infraction? Does my counseling count (should I bring it up) and will it help me? This is all new to me so Im thankful for any assistance I can get and hope I conveyed this properly. I understand if the DA and I do not come to an agreement, I should say 'not guilty' and request time to talk to an attorney.....what if they do agree to leniency? How do I plea then? Is that considered still guilty?

You really have no clue, do you?

Anything YOU say to the DA will talk you right into a conviction.

Leniency is guilty.

Hire yourself an attorney if your future career is of any importance to you.

An attorney will know how to get you out from under this, you won't.

You should arrange a free consultation with a lawyer and, following the meeting, decide if you want to retain the lawyer (or a different lawyer) or try to represent yourself. The lawyer can probably give you a pretty good sense of what sort of deal the prosecutor will offer. If you later speak to the D.A. yourself, that can help you better understand whether you're getting an acceptable offer. Be aware, for a criminal charge the prosecutor will often decline to speak with you in advance of your court date. Also, it's easy for a lawyer to check for plea deals without making it implicit that the client is prepared to enter a guilty plea, but negotiation without a lawyer does imply that you intend to plead guilty.

AdjusterJack,

Yes that is correct, that is why I am here asking. Thanks.

Thanks Mr. Knowitall for the detailed response, I appreciate it.

Nothing you say to the prosecutor as part of your plea negotiation can be used against you. Prosecutors often agree to lesser sanctions when a person has taken responsibility early in the case and has taken rehabilitative steps prior to entering the plea. An attorney will almost always be a better negotiator than an unrepresented defendant.

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Quoting asa_jim

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Nothing you say to the prosecutor as part of your plea negotiation can be used against you. Prosecutors often agree to lesser sanctions when a person has taken responsibility early in the case and has taken rehabilitative steps prior to entering the plea. An attorney will almost always be a better negotiator than an unrepresented defendant.

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Thanks Jim, up until this point I have been told otherwise, this is really helpful to know.

While California has case law that statements made during bona fide plea negotiations are not admissible as evidence of guilt, they may nonetheless be used to impeach a defendant -- so if you admit to something when negotiating with the prosecutor but later attempt to change your story in court, the prosecutor can impeach you with the prior inconsistent statement.

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Quoting Mr. Knowitall

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While California has case law that statements made during bona fide plea negotiations are not admissible as evidence of guilt, they may nonetheless be used to impeach a defendant -- so if you admit to something when negotiating with the prosecutor but later attempt to change your story in court, the prosecutor can impeach you with the prior inconsistent statement.

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This makes sense, thank you.

I have another question - if I attempt to do speak to the prosecutor the morning of and am not successful in getting a bargain (infraction) can I plead not guilty and ask the judge for more time so that I may speak to an attorney? Or will I be expected to have already hired one for this day? (Will the judge question me about not that?)

I have another question - if I attempt to do speak to the prosecutor the morning of and am not successful in getting a bargain (infraction) can I plead not guilty and ask the judge for more time so that I may speak to an attorney? Or will I be expected to have already hired one for this day? (Will the judge question me about not that?)

Sorry - this is really strange that I cannot post a new post and it appends to a previous reply.....

A lot of times,for a low level misdemeanor,they will reduce it down a notch. If you plead not guilty,they will probably offer you some type of deal. If they don't and set a trail or another date,you can then hire a lawyer.

Typically, these matters (public intoxication arrests) are resolved by the arrest and no charges are ultimately pursued. Certainly, you should engage legal counsel ASAP. It is quite possible that you will go to the court hearing (the arraignment, I suspect) and find that the DA is not pursuing the matter. However, if you have a significant history of priors, fought with people or caused damage, you may well face charges. If nothing more than being a drunk fool and then sleeping it off, then I suspect it is a better than even chance of finding the matter dismissed or, at least, placed into diversion.

Certainly, say nothing until you have engaged legal counsel.