First of all, the law enforcement officers will let you know that it is illegal to drink in public and cite you for it. You will then have to appear in court for the preliminary hearing and you will need to take full responsibility for your actions. However, there is also a second scenario when you neglect the warnings of the law enforcement officers and begin to argue, acting very aggressively and insulting
the police. One way or the other, you will eventually be taken into custody and taken to court to face more charges.
The main difference between two case scenarios is that in the first scenario you can be charged with a simple infraction. You will be obligated to pay a small fine and you will be released immediately. However, in the second scenario, you can be charged with a misdemeanor and these charges will make an appearance on your permanent records, which can be a huge disadvantage to you in the future.
Drinking in public PENAL CODE SECTION 639-653.2) is a
wobblier offense, which means that it can either be treated as a simple infraction or as a more serious misdemeanor. The final sentence largely depends on the circumstances surrounding the crime. There is always a room for arguing and you can try to defend yourself, but it is much more advisable to hire a criminal defense lawyer, who is going to handle the case properly right from the beginning. Only a qualified attorney will have what it takes to convince the court that you should not be charged with a misdemeanor for drinking in public. After all, we all make mistakes and the attorney is going to do his best to find plenty of evidence as well as witness statements that will allow you to avoid the harsher penalties.
If you were charged with drinking in public and you do not want these charges to affect your criminal record, it is essential to call a legal specialist who will use his skills and knowledge to help you deal with your offense properly. You can avoid the misdemeanor charges and get off with a simple infraction, but you will need a good lawyer by your side in order to succeed.
Law Offices of Criminal Defense Specialists
Law Offices of Criminal Defense Specialists
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