Underage Public Intoxication

[kaisakamoto]

My question involves criminal law for the state of: California

I am 19 years old and also not driving. I was drinking at a friends house in the back yard sitting around the fire and I heard someone say police so I proceeded to say "F*** the Police" and I was unaware that the officer was looking over the back yard fence with his flash light. My friend, whose house I was drinking at was talking with the officers and he came back in and said the officers were very angry because I had said that. I'm pretty sure he told the officer that it was I who had said that because right when I walked out with a group of friends to be picked up by a friend's dad who was waiting outside of the house, they pulled me aside and put handcuffs on me and put me in the back of the police car. I was not stumbling around or being belligerent. I was simply walking out to my friend's dad's car with a group of people to be driven home. Are they allowed to do this? There's just something that doesn't add up in my situation. I was charged for 647(F) (public intoxication). I was not drinking in a public area and the only time I was on public area was walking out to my friend's dad's car. Can anyone help me out please? This is my first offense with anything and I have no clue what to do. I do not have enough money to hire a lawyer so I'm wondering what I should do. The part I don't get is when I asked why I was being taken, they said I was too drunk. But I don't understand why I was charged for a public intoxication when I was obviously in my friend's back yard. Please help. Thank you.

[cdwjava]

While you were in the backyard you would have been safe from a PC 647(f) offense. However, when you went out front that changed. If the officer 9and later the state through the DA) can show that you were intoxicated on drugs and/or alcohol and unable to care for your safety or the safety of others, then the charges could stick. Simply being a rude jerk towards an officer does not - by itself - meet the elements of the offense.

If you are charged, you can inquire about court-appointed counsel at your arraignment.

[kaisakamoto]

Thanks for the reply. I was simply walking out to my friend's dads car who was waiting out front. I was not acting belligerent or stumbling around. Also I was not disrespectful at all to the officers during the pat down search and all. The only disrespect was the "F*** the police" saying I said but I was unaware of the officers presence who was peeking over the backyard fence.

[cdwjava]

Thanks for the reply. I was simply walking out to my friend's dads car who was waiting out front. I was not acting belligerent or stumbling around. Also I was not disrespectful at all to the officers during the pat down search and all. The only disrespect was the "F*** the police" saying I said but I was unaware of the officers presence who was peeking over the backyard fence.

What he SHOULD have done was charged YOU for being a minor in possession and charged the residents (and possibly everyone over 21 near you in the yard) with furnishing alcohol to a minor. Instead, they gave you a HUUUGE break by their screw-up. if they amend the charges before court, then you - and your friends - could be sunk.

[kaisakamoto]

Thank you for the reply. The residents were charged as well. And I don't really understand the last part of your reply. Can you please explain.

[cdwjava]

The residents could have been charged for furnishing alcohol to minors.

By charging YOU with public intoxication they inadvertently cut you a break by making it possible for you to possibly beat the charge since they will have to prove that you were intoxicated, in a public place, and unable to care for yourself or the safety of others. This might be difficult to do if you were simply walking to your dad's car. Had they charged you with possessing alcohol while under 21, they would likely have a darn near slam dunk case.

[kaisakamoto]

Thank you for explaining. They did not conduct any sobriety test or breathalyzer test on me. They just told me to put my hands behind my back and I was cuffed and put in the back of the police car and taken to the station. Would a public defendant be enough in this case? I really don't have a clue for this whole process.

[cdwjava]

Thank you for explaining. They did not conduct any sobriety test or breathalyzer test on me. They just told me to put my hands behind my back and I was cuffed and put in the back of the police car and taken to the station. Would a public defendant be enough in this case? I really don't have a clue for this whole process.

Tests and a breathalyzer are not required for a public intoxication charge. They might help, but they are not required.

If ultimately charged, yes, a public defender (assuming you qualify as indigent for the purpose of a court appointed attorney) should do just fine.

[kaisakamoto]

Okay I understand. Reviewing this what do you think will be the outcome? I have never been in the system or been in any kind of trouble before.

[cdwjava]

Okay I understand. Reviewing this what do you think will be the outcome? I have never been in the system or been in any kind of trouble before.

If the DA has all the facts, he may choose not to file. If the officers allege that you were stumbling, belligerent, slurring your speech, and exhibiting behavior that can be articulated as the objective signs of intoxication, you may face a misdemeanor criminal charge that could result in fines up to $1,000, counseling, and maybe community service. Jail time up to 6 months would be theoretically possible, but not too likely.