According to the Los Angeles Sheriff's Department, deputies arrested several individuals on suspicion of being drunk in public this month. In my experience, this is probably the most commonly charged offense on the island, other than minor fishing violations.
To convict you for being drunk in public under PC 647(f), the prosecutor must prove that you were so drunk that you could not reasonably care for your own safety, or that you posed a danger to people around you. To determine whether or not you were "dangerously" drunk, the court will consider the totality of the circumstances -- the condition in which you were found, how / why you attracted attention from the police, objective and subjective observations of the arresting officers, your own statements, statements from other witnesses, audio / video recordings of the incident, etc.
There is no magic number that clearly distinguishes "fun drunk" from "criminally drunk". The decision of whether or not to make an arrest is generally left to the officer's discretion. You have a right to take a breath test if you are arrested for being drunk in public, but police are not required to administer one unless you demand it. If you decide to demand a breath test, that number will be used against you in court.
If you are arrested for being drunk in public in Avalon, deputies will take you to the tiny jail on Sumner street, attached to the local courthouse. You will be held for several hours and released in the morning. Being polite and cooperative during this process will definitely speed up your release. Deputies will also make a note of your attitude in the reports that they prepare. If your arrest report shows that you were cooperative, that fact will go a long way when your attorney attempts to negotiate a reduced charge or a dismissal in court.
When you are released from custody, the deputies will give you a "notice to appear" in court at some future date. Regardless of what the deputies told you, your case cannot simply be resolved through the mail or at the Long Beach courthouse. All misdemeanors arising on Catalina Island are heard at the Catalina courthouse.
If you retain a local attorney, you do not need to travel back to the island for your court date -- your attorney can go for you. Your lawyer will gather copies of the police reports and any other evidence (photos, videos, etc.), enter a "not guilty" plea, and schedule a series of future court dates to come back and discuss the case with prosecutors.
If the prosecutor recognizes that the evidence in your case is weak, you have a clean criminal record and you were cooperative during your arrest, they might make an offer that's too good to refuse. A "good offer" might include a reduced charge or a complete dismissal. If the evidence is strong, or if you have a history of alcohol-related offenses, or if your police report indicates that you were uncooperative, the DA's offers get less generous. "Drunk in Public" is a misdemeanor, so penalties may include probation, fines, community service, CalTrans labor, mandatory AA meetings, or even jail time.
Unfortunately, the Los Angeles District Attorney's Office has decided to take an aggressive stand in prosecuting "drunk in public" cases on Catalina. Lawyers who visit Avalon from out of the area are often shocked by the harsh offers they receive on the island. In other courthouses, 647(f) cases are routinely reduced to infractions or settled for minimal penalties. In Avalon, though, standard offers from the DA often include dozens of AA meetings, high fines, 1-3 years of probation, 10-30 days of CalTrans service, or worse.
Our office has extensive experience defending against all types of cases that arise on Catalina Island, including drunk in public. We offer competitive rates and affordable payments, and we never charge clients for our travel expenses.
If you or a loved one has been cited or arrested while visiting Catalina, call us for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
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