Los Angeles Criminal Lawyers Blog

A person who is charged under California Penal Code §647(f) is charged with Drunk and Disorderly conduct. For a person to be convicted under this section, the government must demonstrate that the person is guilty beyond a reasonable doubt of the requisite elements. The person must be willfully intoxicated, they must be in a public place, and they must be a harm to themselves and others, or be obstructing the public walkway in one way or another.

The specific code section does not provide a range of potential consequences, so those of a general misdemeanor will apply. For misdemeanor charges the potential sentence is up to one year of informal probation, a fine of up to $1,000 and up to six months in County Jail.

Informal probation is probation that is not supervised. You do not have to check in with a probation officer. You are simply asked to stay out of trouble for the time that you are under probation, or a probation violation will arise, and may lead to additional penalties added onto the current sentence being served.

The final sentence that is imposed on a person charged with a drunk and disorderly conduct will be determined after considering several factors. The prosecutor will look into the person's prior criminal history, and they will look at the specific facts of the case.

Consider these examples:

Example 1: Don has just left a friend's birthday party and is walking down the street. He has had a lot to drink and is clearly intoxicated. As he walks down the street, he stops and talks to people, often blocking their path until they listen to him. In one case, he stops a woman walking by and wont let her pass him until she gives him a hug. He is arrested and taken into custody. Don has been arrested before for a DUI and has been convicted of an assault.

Example 2: David is walking down the street from his house to his friend's house which is a few blocks away. He has had a few drinks and is intoxicated. As he walks down the street, he waves to neighbors and shouts some comments to friends. Determining that he is drunk, officers arrest him and take him into custody.

Don has a past criminal record that warrants consideration. He has been convicted of assault, and has a DUI which implies he may have a drinking problem. He is also harassing a woman on a public street. He will likely get a harsher punishment with some jail time and an increased fine. In comparison, David is not causing trouble, even though he is drunk. He also has no record. If he is convicted, he will get a simple sentence that will not require jail time.

A range of potential consequences allows room for negotiation on a final sentence. An experienced Los Angeles Criminal Defense lawyer can prepare a powerful argument and defense that will persuade the Judge to impose a sentence that is towards the lower end of spectrum.

In May 2011, actress Lindsay Lohan was charged and convicted of shoplifting. The Judge sentenced her to 480 hours of community service , to be completed by April 2012.

Lohan was scheduled to complete her hours by providing service to the Los Angeles Downtown Woman's shelter. However, the Downtown shelter has recently terminated their agreement with Lohan because she has failed to appear for several shifts and on days that she appeared, only completed a minimal amount of hours. According to Los Angeles District Attorney, Jane Robison, her hours will be transferred from the Woman's shelter to the Red Cross. In addition, Lohan also has 120 hours of janitorial work that she is signed up for at the Los Angeles County Coroner's Office.

To date, the young actress has only completed 21 of the 480 required hours. In addition to not completing required community service hours, Lohan has also not been attending court mandated counseling sessions. Lohan defends that she has missed community service hours and counseling sessions because she has been out of the country possibly filming a movie.

The type of violations committed by Lohan are referred to as Internal Probation Violations. They are violations due to a failure to comply with orders and terms of the probation rather than because of a new criminal charge.

The Judge will review progress on probation service at an upcoming court date. If the adolescent has not been upholding her obligations to the court and the community, there may be additional charges and serious consequences to her already growing list of violations.

The Judge will consider several factors when assessing the progress of the probation sentence. She will consider the seriousness and the nature of the violation. In this case, it is not as serious as some probation violations can be. A serious violation would be committing an additional crime of the same nature while on probation for the another case on the same charge. Another serious violation would be disappearing from town and failing to inform a probation officer while on formal probation.

Lindsay was sentenced to informal probation (where she does not have to check in with a probation officer on set schedule). Therefore, the nature of her violation is not as serious as some other probation violations.

However, that is not to say that the consequences she faces will not be significant. Based on the facts, and Lohan's failure to adhere to her obligations, the Judge will likely not take the situation lightly. In the last 7 months, she has only completed 21 hours of service, whereas she has 480 to complete. Within 7 months, she should have a significant amount of time completed if she is to follow the deadline of April sentenced by the court.

If she does not start to take her obligations more seriously, she may be facing some jail time in lieu of the community service. Jail time may be a part of the penalty for a shoplifting case. A knowledgeable Los Angeles Probation Violation attorney can persuade the Judge to allow the person to complete community service instead of jail time, as long as they can show that they will take their service seriously.

Lindsay Lohan's actions show otherwise and she may be asked to complete some of her community service time as jail time.

Actress Lindsay Lohan appeared in the Beverly Hills courthouse on September 24, 2010 and was ordered to be taken into custody with no bail.

Ms. Lohan had spent two weeks in jail in this past August and several weeks at a Rehabilitation facility where she had made great strides in tackling her drug and alcohol addiction. Upon being released from the facility, as part of her probation she was ordered to provide the Court with random drug tests whenever requested. The actress, however, failed multiple drug tests in the week before her court appearance. As a result, the Judge took her into custody for her probation violation and set another hearing date for October 22, 2010. The Judge will then decide if Lohan had violated her probation and what the revised sentence will be.

When the Judge grants probation it should be taken very seriously. Your probationary period is a chance for the Judge to see that you have learned from your sentence and will not make the same mistake again. If you violate your probation you will have to appear before the Judge and he or she will decide the appropriate steps to be taken. Possible consequences may include an additional fine, extended probation or community service, and in many cases, mandatory jail time.

A probation violation hearing requires a court appearance. It may seem as if a probation hearing is not as important as the actual criminal hearing but this is not the case. It is highly recommended that you hire an experienced Los Angeles criminal defense attorney. The hearing outcome can change your sentence and in some cases, like Ms. Lohan's, order you to serve a mandatory jail sentence. If you violate your probation, you are no longer protected from avoiding jail. The Judge has the discretion to order any sentence he deems necessary. Protect your minimal sentence, take the proper steps to ensure that your probation violation hearing has the outcome you desire.

When a person is charged with a Los Angeles Criminal case they are required by state law to be placed on Probation depending on the offense. There are over 100s of different offenses in the California Penal code and each will yield difference consequences. Potential sentences may include jail time, a fine to be paid, education classes to be completed, and/or restitution.

The sentence will include one of two types of probation, informal and formal. Informal probation is generally the case for misdemeanor charges. Petty theft will generally be given informal probation which is unsupervised. Formal probation on the other hand requires that a person check in with a deputy probation officer and is strictly enforced. Charges like felony hit and run, or theft will require formal probation after a jail sentence has been served.

There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete required education classes, pay a fine, fail a required drug test or fail to report to a probation officer ( in cases of formal probation). An external violation results when a similar crime is committed within the probationary period.

When probation has been violated a warrant is put out for the person's arrest. Sometimes the court will send out a notice, but oftentimes there is no notice, just an arrest. The judge is not required to reinstate the probation and has the discretion to add additional sanctions for the violation, including jail time. The importance of the probation term which the person failed to complete will have a direct correlation to the consequence of the particular probation violation. For example, someone who failed to pay a fine is in a better situation than someone who didn't report for jail time. Similarily, someone who fails to complete an ordered Anger Management class will have a very serious violation on their hands.

An experienced Los Angeles DUI attorney has appeared on hundreds of probation violations cases and knows exactly how to prepare a powerful argument playing up the positive aspects of the terms you did comply with. At Hoffman and Associates, we appear on your behalf in front of the judge, decreasing the possibility of being arrested in court and showing the judge a familiar face that carries with it a solid reputation established through 30 years or practice.. One of our most recent clients with a probation violation got the probation reinstated without additional sanctions or any jail time. Contact our office for a consultation without cost of obligation and learn what we can do for you!