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Trapped in 647 F PC- Drunk in Public Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by hnda, May 27, 2015.

  1. hnda

    hnda Law Topic Starter New Member

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    Situation:
    New to country- refugee; Unaware of Public Intoxication Law in CA.
    The pub guys asked for $100 when I asked for drink after 2 am. They said they want cash and asked me to go to ATM.
    When I didn't give them money, man called cops.. Hoping that cops would help me, I went to the cops but cop would not listen and was 647 F PC.

    Question 1. Should I file complain against the cop?

    Have video proof- taken inside the restaurant. Bar tender didn't want me to videotape But I argued about the CCTV..They even tried to snatch my phone.
    Question 2. How can I use video tape legally?

    Additional information
    Question 3 if I have to hire a lawyers, how much would it cost? Question 4. How can we remove arrest record? Question 5. I have to work-travel 2 days before the Hearing date. Can lawyer represents me in court?

    Kindly advice me in the order of questions. Please provide me questions specific Solutions
     
  2. ElleMD

    ElleMD Well-Known Member

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    Why would you file a complaint against the cops? You broke the law. They treated you as a law breaker. It is their job. It is your job to know the laws and ignorance of them is not an excuse.

    Videotape of what? The bar? How would that even help you?

    There is no set fee for a lawyer. Contact a few and see what they charge. 4 and 5 are fact specific and really need to be directed to a lawyer. Rarely are arrest records expugnable. If you can not be at the hearing, it may be rescheduled but you/the lawyer would have to file for that.
     
  3. CdwJava

    CdwJava Moderator

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    A complaint? For what?

    If you were too impaired to care for your safety or the safety of others, then he had every right to make the arrest. If you feel that you were NOT sufficiently under the influence to meet that burden of proof, sure, make a complaint.

    What do you want to use the video tape for? You never paid them the money and they never sold you alcohol after closing. What crime do you think occurred?

    In most counties, public intoxication arrests are not prosecuted. If you have been cited to court or believe you will be, you can hire your own attorney (depending on where in the state you are, you could pay up to $5,000), or if you lack the resources, the court can appoint you one.

    "We" cannot. If you are not prosecuted, then you can petition for factual innocence per PC 851.8. Check the local court for the specific process.

    Usually, no. You will have to be there.
     
  4. mightymoose

    mightymoose Moderator

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    When you were released did you receive any document regarding PC 849?
    These offenses most often are recorded as a detention only, not an arrest. Once you sober up you are released. No arrest record.
     
  5. CdwJava

    CdwJava Moderator

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    He mentions a hearing date, so it appears he may have been released with a citation and not per 849(b). But, depending on the county, the DA may simply not file anyway.
     
  6. army judge

    army judge Super Moderator

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    In your country of origin, its LEGAL to go around in public drunk, huh?
    I'm curious, what is that country that permits drunkenness and brawling?

    Here's a thought, unlike your homeland, no one is forcing you to stay here.
    So, why not escape the USA and sneak back into your homeland, where you can be drunk and wander the streets????
     

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