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Me = PC 69 & intoxicated in public? & Husband = PC 148 & Intoxicated in public?

Sun City, CA |

I was charged with a PC 69. I've never been in trouble & have absolutely no criminal background. What is the usual outcome in this situation? My husband was arrested on the PC 148 charge & intoxicated in public but he is on probation from a previous DUI a year ago in a different county. He's completed all required classes & paid all fines. How will this arrest affect him also?

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Attorney answers 5

Posted

Let's talk seriously for a moment.

Call a lawyer. Make an appointment. Sit down and talk with the lawyer.

There is no way that anyone can answer your questions based upon a thumbnail sketch like the one posted. There is no "usual outcome" in criminal cases. Too much depends on the specific facts of the case, the individual defendant, and dozens of other factors.

Your husband should call his lawyer, too.

Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.

Asker

Posted

I understand that and we have contacted a lawyer. Would just like to get other opinions of anyone who has handled a case like this before.

Jeffrey George Moore

Jeffrey George Moore

Posted

Most criminal defense attorneys with any experience have handled cases like this before, but that doesn't make your question any more reasonable (or "answerable", as the case may be). Here's your answer, as someone who has handled these types of cases. You can go to prison. You can be a felon. You can face jail time with a misdemeanor prosecution. Or none of the above. The charging/sentencing for 69PC allows for a range of sentencing from no jail time up to 3yrs (or more) in prison. And that's assuming that you are charged with the crime that you were arrested for, which is a big assumption. Get your other opinions. I encourage multiple consultations. But don't expect meaningful answers from the information that you've posted.

Posted

You definitely need to sit down and speak with an attorney ASAP! The good news is that PC148 and PC69 have the opposite mental state requirement as PC647(f) - drunk in public. It's legally (almost) impossible to be both, so there is a strong defense here, depending on the specific facts of your case. I highly suggest you and your husband call an attorney. Many here on Avvo offer free consultations.

Asker

Posted

I was charged with PC 69 & PC647 (F) and he was separately charged with 148 (A) (1) PC & 647(f) PC -- How can this affect his probation? I have contacted a lawyer. Just worried in the meantime about the outcomes.

Joshua Peter Visco

Joshua Peter Visco

Posted

If you've already retained an attorney, you really should only be speaking to him/her. It's not the place of other attorneys (like me) to be giving you advice knowing that you are represented.

Asker

Posted

havent retained just yet. have our 1st meeting on saturday, as this just happened 4 days ago. Like I said I have no idea where to start, I have no clue what to expect. I've never been in any sort of trouble. No clue what to expect regarding my husbands situation & his probation also.

Posted

I agree with the above answers. One issue always in such a case is the degree of injury to the officer. You should look into alcohol treatment as most courts will say two alcohol related arrests means there's an alcohol problem.

Asker

Posted

The injury the officer recieved by me was completely accidental & un intentional. I'm a 5'1" 100 lb person girl. I would never try to start a fight or injure a police officer on person. This was at a wedding which I know is a public event but My husband or I know we werent 'drunk' as they assumed. They failed to give either one of us any sort of tests which I thought was mandatory.

Benjamin Alika Okin

Benjamin Alika Okin

Posted

Tests are not mandatory. The injury does not have to be willful only the resisting has to be willful and the cause of the officer's injury. Even if an officer fell chasing a suspect it is still a PC 69 offense. Many officers use the smell of alcohol as a pretext to then arrest you even if it does not fit the definition of disorderly conduct. Go meet with an experienced lawyer if you are able. Best of luck to you both.

Benjamin Alika Okin

Benjamin Alika Okin

Posted

Take a deep breath and would avoid any more specifics facts on a public forum.

Posted

You need to seek legal counsel - now! Prosecutors don't take PC69 and 148 lightly. That's not to say they're going to try and throw the book at you. Rather, any time the police bring in a case wherein the police say, "this person / these people endangered us," the prosecution reviews it seriously. Think of it as "an assault on one of our guys" mentality.

Now, as my colleague pointed out - PC148/69 and 647(f) don't really go together well from a prosecutor's standpoint: they work against each other. So, you may see the prosecutor try and "clean this up" by jettisoning either the 148/69 or the 647(f). Either way, you want to be ready for whatever comes your way.

As for your husband's DUI probation - you can expect a Violation of Probation (VOP) to be sought. He's probably going to want counsel to help him on that.

Best thing for you two to do now - start interviewing defense attorneys. Find one you like, can work with, and is knowledgeable.
Good luck.

Posted

You obviously understand the seriousness of the charges your husband and you are facing, otherwise, you would not be posting questions on this site.

Here is what is in your favor: You have no criminal record--also, the fact that you were intoxicated may be raised as a partial defense.

As for your husband, the same issues may be raised in terms of intoxication.

As the other answers have stated, it is vital that you consult with a criminal defense attorney as soon as possible, because knowing all the facts of your case is the first step to analyzing what can be done to get the charges dismissed or reduced. Knowing how the police came to contact you and what their orders were to you is critical. You possibly were not aware they were carrying out their duties due to your level of intoxication, or possibly the police were not acting in a lawful capacity, which would negate the need to comply with their orders.

Your husband most likely will not be facing a probation violation because the DUI is in another county. The prosecutor and judge will know he is on probation but at least he may not face additional sanctions for that.

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