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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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What is penal code 647(F)PC I was arrested and have a notice

Customer Question

What is penal code 647(F)PC? I was arrested and have a notice to appear PER 853.6 PC(OR). I have never been arrested in my life.
Thank you
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 4 years ago.
HelloCustomerand welcome to JustAnswer.

California Penal Code section 647(f) is a subsection of the disorderly conduct statute, commonly referred to as "drunk in public" or "public intoxication". The code section reads:

647. Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
...
(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.


Penal Code section 853.6 is the provision which allows for the release without bail (OR or own recognizance) of anyone arrested for a citable misdemeanor (such as 647(f)).

Presumably, you were found in a public place under the influence of alcohol or drugs or both. This is a relatively minor misdemeanor, typically punished by a fine, perhaps a short period of probation, and no jail time.

It is also a crime for which a diversion program under Penal Code section 1001 would generally be permitted. If completed successfully, diversion results in dismissal of the criminal charge and no record.

Thanks for asking your question here on JustAnswer. If you have any other questions about this situation, please let me know.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 9 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
What is Penal Code section 1001 and how can I apply for it?
Do I need an attorney to appear?
I was arrested at the race track.
Expert:  Jim Reilly replied 4 years ago.
Hello againCustomer

Penal Code section 1001 is the misdemeanor diversion statute. You can see the terms of this section and the others which apply to the diversion process at:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1001-1001.9


Essentially, if you take diversion, the court will order you to participate in some kind of alcohol awareness program and continue the case for 6 months to a year. Then, if you finish the program and don't get in trouble again, the case will be dismissed. You will probably also have to pay a diversion fee (fees vary from county to county).

This is a good way to avoid having a criminal conviction on your record.

You will have to appear on the date listed on the citation, but can probably do this without a lawyer. When your case is called, you just have to tell the judge that you want to participate in the diversion program. You will be referred for a diversion eligibility report and if approved, the probation department will coordinate your attendance in the program.

Thanks again for asking your question here on JustAnswer. If you have any other questions, let me know.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 9 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Under the 1001 diversion program, How should I plea? Do I enter a plea?
Expert:  Jim Reilly replied 4 years ago.
You enter a plea of not guilty, as the diversion program specifically prohibits requiring a guilty plea to participate. Basically, when the judge calls your case, you just tell him something like, "Your Honor, I plead not guilty and request diversion." The judge and the court clerk will pretty much take it from there.

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