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What does it mean if I went to my court date, but the DA did not have the police report for a Drunk in public?

Oakland, CA |

I was arrested for a drunk in public, I was not making a disturbance, they just noticed I had an unsteady gate. I was just trying to walk home (1/2 a block away). They arrested me and kept me over night. I was given a court date. I went to court and they had my name on a list that said I needed to go to the DA's office. When I got to the DA's office, they told me they had not received the police report and that I need to call back in a week to see if charges will be filed. Is this a good or bad sign for my case or normal for minor cases. I asked a couple people who had the same thing and they felt that it is a good sign that the case might be dropped?

Attorney Answers 4


It is neither a good nor bad sign. The D.A. is awaiting the report from the police. When they receive the report the D.A. will then decide to charge you or to not charge you. You have to go back to your next court date.

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It is a slightly good sign. The police will probably eventually put together a report and the DA will make a charging decision, but as long as it hasn't happened, it's possible that it won't. They have one year from the date of the incident to charge you. If they do, you should think about going to trial. I'm assuming you will be charged with, if anything, 647(f). To prove you guilty of this, a jury of twelve people have to unanimously agree that, beyond a reasonable doubt, not just that you were drunk, but that you were so drunk that you were unable to care for your own safety or the safety of others. You can expect that the police officer will exaggerate, but it will still be very difficult for them to prove. If you do get charged and you would like to hire a lawyer to help you beat this, feel free to give me a call. - David Pullman 866-244-5004

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Understand that the police do not file charges but merely make recommendations. It appears that the DA has yet to receive the police report. Without a copy of the police report the DA cannot determine if they will file criminal charges. Drunk in public cases are difficult for a DA to prove. They have to prove that you were a danger to yourself or others. Just stumbling unless you were stumbling in the street will usually not be enough.
Robert Driessen

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Thanks everyone, is it possible the DA will dismiss it if they don't think they would be able to prove it or would they take most likely take me to court to see if I would plea not guilty? Also does anyone know what the consequences of the charge if I am charged (fine, jail time, etc)? Thanks again.


At this time the court not having the police report means nothing. But just hope that the DA never receives the police report and more likely your charges will be dropped. Since the report has not been received by now it may be that no report was ever completed, because police reports are completed near the time of the incident or shortly after.

So good luck!!

Disclaimer: This does not establish an attorney-client relationship and is not legal advice. Please retain a local attorney when you need legal representation.

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