Actress Mira Sorvino’s husband, Christopher Backus, was arrested on a charge of public intoxication recently while the couple was staying in a San Diego hotel. Apparently the couple was having an argument when he started pacing around the hotel with a bat – yelling at anyone close by – allegedly drunk.
Backus was arrested on a misdemeanor count of being drunk in public and was booked into jail around midnight.
California Penal Code 647(f) prohibits being drunk in public. It defines drunk in public when, “Your level of intoxication makes you unable to exercise care for your safety or for the safety of others, or when it interferes with, obstructs, or prevents others from using streets, sidewalks or other public areas.”
A conviction is usually accompanied by fines, jail time and probation. In addition, it goes onto your permanent criminal record. If you are arrested for being drunk in public, contact a skilled California Criminal Law attorney who can investigate and work to possibly reduce or dismiss the charges.
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\\ tags: alcohol, arrested, attorney, Christopher Backus, Criminal Law, husband, Mira Sorvino, misdemeanor, Public intoxication
Recently as part of a DUI warrant sweep, the Palm Desert Police Traffic Team arrested 18 people in the Palm Desert area for misdemeanor DUI warrants. This operation was set up to apprehend local residents who have active warrants for driving under the influence of alcohol and/or drugs.
If you know of someone riding around town with an active DUI warrant on their record, the Palm Desert Police Department urges you to contact them or call Crime Stoppers at 760-341-7867.
This is an excellent way to keep drunk drivers off our roads and keep our communities safe.
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\\ tags: alcohol & drugs, attorney, Criminal Law, DUI warrant sweep, misdemeanor, Palm Desert Police Traffic Team
The City of Rancho Mirage is cracking down on people who falsify applications for permits and licenses. Anyone who lies on a city application faces punishment. The new city ordinance allows revocation of anything obtained through a false application; misdemeanor charges will be filed against the applicant. Misdemeanor fines can range up to $1,000 and/or up to six months in jail.
This new ordinance is rare in the Coachella Valley. I would advise anyone applying for a city application to double-check their information and make sure it is 100% accurate.
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\\ tags: attorney, City ordinance, Criminal Law, misdemeanor, Permits and licenses, punishment, Rancho Mirage
Laws regarding possession of marijuana in California can be found in the California Health and Safety Code Section 11357. California is one of the liberal states when it comes to possession. For example - the medical marijuana system that allows licensed users to possess this plant for medical purposes – California is the first state in the country to create such a system. California law defines marijuana as all parts of Cannabis sativa L. This includes seeds, stems, leaves and flowers. Street marijuana is contraband. However, hemp oil and hemp butter are legal.
Illegal possession of less than one ounce is a minor offense and can cost you up to $100. There is no jail time involved. Possession of more than an ounce is a misdemeanor and comes with fines up to $500 and six months in jail. California prohibits anyone from giving marijuana to a minor. If you are arrested for this, you will face prison for at least three years and possibly seven.
If you have been arrested for illegal possession of marijuana or any drug, I urge you to contact an experienced Criminal Attorney who will advise you of your rights. This can be a serious offense and you need experienced help.
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\\ tags: arrest, California, Criminal Law Attorney, drugs, Illegal possession, jail time, liberal state, Marijuana possession, minor offense, misdemeanor
The definition of hit and run is the crime of failing to stop, identify oneself and exchange the necessary information after a vehicular collision. A hit and run may carry criminal charges depending on the damages and injuries. It is the responsibility of every driver to stop when involved in an accident with a pedestrian, a vehicle or someone’s property – according to the California Hit and Run Law.
If you damage a parked vehicle or property and cannot locate the owner, California law requires you to leave a note on the damaged property. You must include your name, telephone number and facts about the accident. You must also file a police report.
A hit and run is usually considered a misdemeanor. This is when there are minimal damage and no injuries. A misdemeanor penalty may carry six months in a county jail, fines and/or victim restitution. When there is serious bodily injury or death, a felony charge is issued. Penalties for a felony charge include several years in prison, thousands of dollars in fines, DMV points and/or license suspension.
If you were charged with a Hit and Run crime, I would urge you to consult an experienced Criminal Defense attorney. If this is your first offense, a good attorney can help you to stay out of jail.
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\\ tags: attorney, California Hit and Run Law, Criminal Defense, injuries, misdemeanor, parked vehicle, property, vehicular collision
California Penal Code 647(f) - Drunk in public” or “Drunk and Disorderly”, is a misdemeanor crime in Riverside and surrounding counties. It is illegal to be under the influence of alcohol, drugs, or a controlled substance in public when an individual cannot exercise sufficient care for his or her own safety by falling down or passing out on the street, or making a nuisance of his or herself.
A public place is outside of a home. Examples include public streets, shopping mall, restaurant or Movie Theater – to name a few.
An individual convicted of this crime can face up to 6 months of jail time for a first-time offense, probation, alcohol treatment programs, and/or fines. The conviction will also become part of the individual’s permanent record. I would suggest anyone arrested for this type of crime to consult an experienced Criminal Defense Attorney immediately.
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\\ tags: controlled substance, Criminal Law Attorney, drugs, Drunk in public, jail time, misdemeanor, Riverside
Did you know that public intoxication is also known as drunk and disorderly conduct? In many countries, it is a petty crime or a criminal act. Article One of the Constitution of the United States does not give Congress the power to control public intoxication under federal law. Each state has its own alcohol laws.
The California Penal Code 647(f) “considers public intoxication a misdemeanor”. It also states, “Public intoxication is someone who displays intoxication to liquor, drugs, controlled substances or toluene and demonstrates an inability to care for themselves or others, or interferes or obstructs the free use of streets, sidewalks or other public way”.
In addition, local and county laws can restrict hours of alcohol sales. Currently, an individual can purchase alcohol between the hours of 6:00 a.m. and 2:00 a.m. However, in 2009, all states have a minimum purchase age of 21. Since public intoxication is a criminal act, I would suggest anyone arrested for this should contact a Criminal Law attorney immediately.
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\\ tags: alochol, attorney, California Penal Code 647(f), Congress, Criminal Law Attorney, drugs, drunk and disorderly conduct, Federal Law, law firm, lawyer, misdemeanor, Public intoxication, United States
I find that many clients that walk into my criminal defense law practice don’t understand what a misdemeanor really is. California Penal Code defines a misdemeanor as a “crime that is considered less serious than a felony but can bring jail time of up to one year with fines totaling up to $2,000.”
A misdemeanor charge results in a criminal record – so although not a felony, it is important to not take it lightly. It will show up on a background check and can have devastating and far reaching effects on your life. Depending on the seriousness of the crime, any injuries to the victim, and if there is a prior criminal record, a misdemeanor can be charged as a felony crime. Shoplifting, domestic violence, drunk driving, possession of stolen property and a loaded gun in a public place could all be charged as felonies.
Inevitably the conversation turns to what punishment would come with this type of charge. Jail (includes house arrest), fines, probation, counseling, restitution to the victim, and/or community service (Cal Trans) can all be applied in the sentence.
A skilled criminal defense attorney right here in the Palm Springs area can make the difference between going to jail and staying out of jail.
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\\ tags: Criminal Defense, jail, lawyer, misdemeanor, Palm Springs
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