Harassment, Stalking, Misconduct Disorderly Conduct

[Selleck]

I had a question on a most unusual case.
Long story short.... A friend and I were walking through town on Friday night. He decided to start to climb a tree on the side of the road approximately 15 feet tall. An officer saw him and asked him to get down. (I understand that much) He cooperated with no hesitation, and was asked to come talk with the officer. A simple move along was all we expected, but we were then "greeted" by another officer who grabbed my friend and asked "what he though he was doing up there" (in the tree) and placed handcuffs on my friend. He was then put in the back of the car. My girlfriend and I asked if he was being arrested and were told to be quiet or we would be joining him.
We waited for a few minutes and asked permission to speak with the other officer. I asked what he had done wrong in order to warrant an arrest. The officer explained to me that you cant climb on city trees. I asked if he was being arrested, what the charge was, and where he was going. The other officer came over and told me he warned me to be quiet, grabbed me and arrested me as well.
We went and spent the night in the Almeda County Jail for being drunk in public. When I was released the next morning I was now being charged with Disorderly Conduct(not drunk in public as I had been told earlier) and my friend was charged with the Drunk in Public. No sobriety tests or BAC test were given and we were not read our Miranda Rights. We each had one beer at dinner which we were walking home from but not "drunk". Also we are 25yrs old.
We cooperated with respect to the officers and I feel I have been treated most unjust. I have no previous record and have never been arrested.
I have to go to court for this and I am concerned as to what punishment for disorderly conduct of this kind can be.
Any advice would be greatly appreciated!
Thanks in advance.

 

[Selleck]

Wow, that was more that I wanted to write....
Basically I got a disorderly conduct charge on grounds that I was drunk in public (so I believe...I have not seen the police report), but was not given any BAC or sobriety test.
Should I fight this?
What kind of punishment is usually given to such a case.

 

[raskalnikov]

Fight it. Fight it. and then, when you are wondering what to do, fight it.

 

[CdwJava]

Wow, that was more that I wanted to write....
Basically I got a disorderly conduct charge on grounds that I was drunk in public (so I believe...I have not seen the police report), but was not given any BAC or sobriety test.
Should I fight this?
What kind of punishment is usually given to such a case.

I assume this was Alameda County in CA ... if so ...

What do you mean by "disorderly conduct"? There are numerous subsections there. What was the code section under which you were arrested? PC 647(f) is also "disorderly conduct", but it is disorderly conduct by way of public intoxication. The code section will be on your booking and release papers ... and a citation if you received a citation to attend court. If you were released without a citation, and the release papers state you were released pursuant to PC 849(b), then there will be no prosecution.

Note, also, that neither a sobriety test no a chemical test are required for public intoxication.

- Carl

 

[Selleck]

Reply

Yes your correct. Alameda County CA.

I believe it was PC 647.
What kind of punishment can I expect?
I this a serious charge or more of a slap on the wrist?
Is there any chance this could be dropped/expunged in court?

 

[CdwJava]

Yes your correct. Alameda County CA.

I believe it was PC 647.

There are numerous subsections to section 647 ... subsection (f) is for public intoxication.

What kind of punishment can I expect?

In theory, jail and a fine. In practice, a fine and informal probation - and maybe alcohol counseling.

I this a serious charge or more of a slap on the wrist?

A slap on the wrist. It is most often disposed of without ever going to court. Many DA's will just resolve it as "settled by arrest". I do not know how they will deal with it in Alameda County, but I suspect they have a lot more serious offenses.

Is there any chance this could be dropped/expunged in court?

Dropped in court, no. Not pursued by the DA is possible, but a judge is not in the habit of dropping cases without cause. And expungement is something you seek after you have been sentenced and completed probation.

- Carl

 

[Selleck]

Wow,

Thanks for your advice!

I cant believe that I could go to jail for this in theory. I've never been in trouble before and this is honestly starting to scare me...I had only one beer in the night and was not being disrespectful.

My papers from the jail read:
Disorderly Conduct / toluene.

So I assume a toluene is alcohol or other intoxicants?

-How do I go about contacting the DA to not pursue this case?

Like I said I feel I have done nothing wrong. I have been "very" intoxicated before on the same walk home (theres really only one main street in livermore...) and have never had any troubles. I believe one night in that jail is enough punishment...

And again thank you very much. I really appreciate your help here!

 

[CdwJava]

Wow,

Thanks for your advice!

That's what we're here for.

You're welcome.

My papers from the jail read:
Disorderly Conduct / toluene.

So I assume a toluene is alcohol or other intoxicants?

Toluene is an inhaled intoxicant common in many processed chemical products (nail polish, glue, etc.) If they believed you had used an inhalant, that would explain why no chemical test was made. On the other hand, it might just be the jail's shorthand description for the offense.

-How do I go about contacting the DA to not pursue this case?

You don't. He's not going to care that you - the defendant - want the matter dropped. That decision will be made as a matter of policy or due to a weak case.

I believe one night in that jail is enough punishment...

That's why many counties just drop the matter on a first offense. I am not sure what Alameda County does there days on it.

- Carl

 

[Selleck]

Thanks again.
One more quick question just cause I'm a little slow.
So, I will hear of the DA's decision at my court date next month?

 

[CdwJava]

Thanks again.
One more quick question just cause I'm a little slow.
So, I will hear of the DA's decision at my court date next month?

If they pursue it beyond the arraignment (which should be the court date coming up), then you will know their decision ... that they are prosecuting.

At that time, you should be offered a public defender if you cannot afford an attorney. Typically, a deal will be offered that takes jail time off the table. Or, you can fight the charge and hope for an acquittal ... you had just better hope that you were not acting like an inebriated or loopy fool at the time.

- Carl