Alcohol & Drugs: MIP, MIC, Intoxication MIP and two other offenses in CA

Status
Not open for further replies.
A

antmaze

New Member
Hello,
So I was at a bonfire in San Diego with some friends and the cops came up on the beach. I was holding a beer bottle and put it down. They got out of the car, and came right for me. They asked me how old I was, I didn't say anything, and then they cuffed me and threw me in the back of their car. I asked repeatedly to talk to them, but they refused to. They put me in jail and were going to hold me until tuesday (I was arrested on a friday night) when my court date would be due. They charged me with Minor in Possession, Minor in Consumption, and Drunk in Public. The official charges are 647(F) PC ; 56.61 (A) SDMC ; 25662(A) BP. They didn't like me or my attitude, and told one of the people in the jail: "you're going to hold him right? make sure you hold him". When I was arrested they didn't read me my rights, or perform any type of sobriety test. No one else at the bonfire was arrested, and only two people were given tickets. Essentially, what I am very curious about is:
-Were my charges holdable? All the other people I was in the holding cell with that were in there for alcohol related charges were in detox and were not going to be held for a court date. Where there grounds to jail me, and can I request my $650 bail to be refunded?
-Are any of my charges reversable based on what I have presented? I think that the minor in possession is the only one where they might have me because they probably saw me holding a beer bottle.

Any input would be greatly appreciated, I feel like I have grounds for a case but I would appreciate some wiser advice.
Thank you.
 
antmaze said:
When I was arrested they didn't read me my rights, or perform any type of sobriety test.
Click to expand...
Neither of which is required for these offenses.

Miranda is only required when you are both in custody and being interrogated.

Sobriety tests are never "required" for any offense. They might help when it comes to a prosecution - as could a chemical test. But, if they observed the objective symptoms of inebriation as well as your being in possession of alcohol, then the offenses can fly just fine.

And since I used to work where you were popped, I can tell youy that these are minor offenses which generally result in fines only (the PC 647(f) is usually dropped in exchange for pleas on the others), but can sometimes result in prosecution.

No one else at the bonfire was arrested, and only two people were given tickets.
Click to expand...
Lucky for the others.

-Were my charges holdable? All the other people I was in the holding cell with that were in there for alcohol related charges were in detox and were not going to be held for a court date. Where there grounds to jail me, and can I request my $650 bail to be refunded?
Click to expand...
Of course they were. You committed a misdemeanor - three, apparently. The officers had the obligation to take you in for your own safety and you could be held until you were safe to be released.

And, in any event, a misdemeanor generally allows an officer to either book a suspect into jail or issue a citation (written promise to appear). Since you were apparently impaired, a citation would NOT have been the prudent choice.

-Are any of my charges reversable based on what I have presented? I think that the minor in possession is the only one where they might have me because they probably saw me holding a beer bottle.
Click to expand...
If you take it to court, a judge can decide if there was sufficient probable cause to arrest you.

Any defense will depend on the DETAILS and the officers' articulation of why they have charged you.

Consult local counsel.

- Carl
 
Thanks for your reply, I appreciate the input. Basically my one question that wasn't quite answered was when you say " a misdemeanor generally allows an officer to either book a suspect into jail", I'm wondering what the difference between jail and detox is, if there is any. I was taken into custody and was going to be held until tuesday if I wasn't bailed out. Other people that came into the holding cell for drinking related offenses (DUI, peeing in public), were given different wristbands, and I believe, released after 6 hours. Was it because they charged me with three misdemeanors that they were going to hold me until court? Or some other reason? Is that what normally would have happened?
 
antmaze said:
Basically my one question that wasn't quite answered was when you say " a misdemeanor generally allows an officer to either book a suspect into jail", I'm wondering what the difference between jail and detox is, if there is any.
Click to expand...
It depends.

PC 647(g) permits law enforcement to transport an individual to a designated detox center as opposed to jail and the arrest is then considered to be a "detention" as opposed to an arrest. If you refer to "detox" in jail, then there are two possible end results: One being a citation to appear on the charge of PC 647(f) and the other being released pursuant to PC 849(b) indicating the arrest was for intoxication only, and no further proceedings are requested (i.e. no charges requested).

I was taken into custody and was going to be held until tuesday if I wasn't bailed out.
Click to expand...
That sounds as if you were booked under PC 647(f) and not released per 849(b).

Was it because they charged me with three misdemeanors that they were going to hold me until court? Or some other reason? Is that what normally would have happened?
Click to expand...
I strongly suspect that you were held because you were charged with more than the one offense for public intoxication.

- Carl
 
I would require detox because I was being held for drinking offenses...
I never stated whether or not I drank, I just stated that I had not been given a sobriety test.
 
I think I understand. THe punishment of going to detox is much less than that of going to jail. Plus, perhaps the court wants you to confess to being an alcoholic and wanting to amend your evil ways and go totally dry, go to detox and then attend AA.

A tough situation. Perhaps you should go to an AA near you, even if not an alcoholic, and ask advice there. Strangely, most people in AA, at least around me, are there by court order, and they'll know a lot about the ins and outs of court, certain judges, certain charges, etc.

Good luck to you!
 
Anyone else see the wrong in this? Person does not drink yet is willing to spend a few days in a detox thus taking a bed from someone who wants and needs it! My husband is a 22 year sober alky and he can tell you some jails are cleaner than detox
 
As a note, "detox" is a term used for the holding facility at the jail used to house drunks, and, for a private facility that the police take a drunk to sober up. In San Diego County they make heavy use of sobriety centers in lieu of arrest. Instead of paying a booking fee to the county, the local agency supports a rehab facility and there is always the off chance that the subject will seek help when they sober up.

Oh, and I'm gonna tell him you called him an "alky!" ;)

- Carl
 
jacksgal said:
He wont care he is the one who told me that term I had never heard it:angel
Click to expand...
You DO realize that he and I talk behind your back, don't you? ;)

- Carl
 
Oh. Thanks CDW for the clarification. THe term detox where I am from is apart from the jail.

Further, they have a day for day system. Where you go to "detox" or inpatient in lieu of jail time. So you go for 2 weeks to detox, and the Judge sentences you to 2 weeks in jail, but that's waived since you were in rehab for 2 weeks.
 
jacksgal said:
I guess thats alright long as those talks arent including pictures:eek:
Click to expand...
I'll never tell! But ... you DID have that vacation recently ... :eek:

He has no clue what I tell my BFF:dgrin
Click to expand...
That's okay, we husbands just assume that it's never anything good.

- Carl
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top