Public intoxication (being drunk or under the influence of drugs in a public place) is usually charged when a law enforcement officer observes an individual that he or she believes is intoxicated – in a context other than driving a vehicle. The possible consequences of a conviction for public intoxication are six months in jail, probation, and a significant fine. A skilled defense criminal lawyer such as Anna R. Yum can help achieve the best possible outcome of a public intoxication charge.
A Legal Standard for Public Intoxication
Under California law, simply being intoxicated in a public place is not a criminal offense. A prosecutor must prove that the person was “unable to exercise care for his or her own safety or the safety of others, or [that his conduct interfered with or obstructed or prevented] the free use of any street, sidewalk, or other public way.” That is, you must have been a public nuisance or a hazard in some way, blocking a public way, or annoying someone in a significant way.
Free Consultation (619)-233-4433
Protect Your Legal Rights
Essentially, public intoxication is a type of disorderly conduct. In order to convict you, the district attorney has to prove that you were so intoxicated that you were a public nuisance or a hazard, endangering yourself or other people in the vicinity.
If you were not being a nuisance or endangering someone, your charge may be reduced or dismissed. Anna R. Yum will ensure that your rights are protected, and she will work with the district attorney to obtain the best possible outcome for your case.
Contact the Law Offices of Anna R. Yum
Having a defense criminal lawyer at your side during police questioning, an arraignment, or other stages of your case is one of the best steps you can take. You have legal rights that are guaranteed by the California and federal Constitutions, and it is not the district attorney’s job to protect those rights; it’s the job of your defense criminal lawyer. Contact the Law Offices of Anna R. Yum today if you’re facing a charge of public intoxication.