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  1. #1
    Join Date
    Oct 2007
    Posts
    7

    Default Resolving a Drunk in Public Charge

    Hi,

    I got arrested for "Drunk in public" for a month ago. I have just got a letter from the court saying that I can pay a fine and clear the matter. However I have 2 questions:

    1. As I understand it, paying a fine is pleading guilty and is thereby a conviction. Is that right?
    2. If I go to court (and plea not guilty), could I then face a harsher penalty than the fine ($386) if I will be found guilty?

    I have already hired a attorney, so I don't want to throw that money away.

    /Michael

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Resolving a Drunk in Public Charge

    Laws are different in each state. As you didn't tell us your state, you need to either do so or wait until you can talk to your lawyer. If you do wish to get information here, please also specify the exact charge (statute number) for your citation.

  3. #3
    Join Date
    Oct 2007
    Posts
    7

    Default Re: Resolving a Drunk in Public Charge

    It was in California under the statute "647(f) Drunk in public"

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Resolving a Drunk in Public Charge

    Quote Quoting Sinnet83
    View Post
    1. As I understand it, paying a fine is pleading guilty and is thereby a conviction. Is that right?
    Effectively, yes.

    2. If I go to court (and plea not guilty), could I then face a harsher penalty than the fine ($386) if I will be found guilty?
    Yes. You could go to jail AND pay a larger fine ... plus fees and court costs if you lose.

    I have already hired a attorney, so I don't want to throw that money away.
    Then ask the attorney.

    - Carl

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