Public Intoxication在 公共場所 酒醉
Public Intoxication在 公共場所 酒醉
加州法條 PC 647(f) 算是輕罪（misdemeanor). 通常被起訴的都是醉到在街頭或地鐵站睡著了。因為這項罪名通常和開車無關、大部份的時候律師可以和檢察官或法官和解、讓您可以上一些課（像 AA)來爭取案子被駁回（dismissal) 的結果。所以, 在認罪前先請教律師幫忙是很重要的。
Public Intoxication Penalties
PENALTIES FOR CONVICTION OF Penal Code 647(f)
Although P.C. 647(f) is usually charged as a Misdemeanor, it is often handled on the Infraction calendar in court if it is the sole charge. Most cases involve a person who is intoxicated and asleep on the sidewalk or at a Metro stop. Since no driving is involved, a lawyer can often negotiate a dismissal with the prosecutor or Judge in return for some AA classes. Which is why you should NEVER plead guilty before consulting a lawyer.
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Public Intoxication Defenses
DON'T ASSUME YOU HAVE TO PLEAD GUILTY
Although P.C. 647(f) is usually charged as a Misdemeanor, it is often handled on the Infraction calendar in court if it is the sole charge. Most cases involve a person who is intoxicated and asleep on the sidewalk or at a Metro stop. Since no driving is involved, a lawyer can often negotiate a dismissal with the prosecutor or Judge in return for some AA classes. Which is why you should NEVER plead guilty before consulting a lawyer.
Frequently Asked Questions
Will Public Intoxication show up on my criminal record?
Yes. Like any misdemeanor, Public Intoxication will result in a criminal record.
Are there DMV consequences to Public Intoxication?
No.
If I am taken to the police station due to Public Intoxication, does that mean I have been arrested and charged?
Not always. The police may choose to release you once you sober up with no charges, especially if it is your first time. In that case, the police will usually send you a letter advising that you that you were not arrested, only detained.
Is chemical testing required to prove Public Intoxication?
No. The police officer’s observations (ie. odor, gait, speech…etc.) will suffice.
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