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MyraB
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Category: Criminal Law
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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i was charged with 647(F)PC disorderly conduct : alcohol and

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i was charged with 647(F)PC disorderly conduct : alcohol and 148 (A)(1)Pc obstructs/resists public officer/etc i was charged with 647(F)PC disorderly conduct : alcohol and 148 (A)(1)Pc obstructs/resists public officer/etc . i was so drunk at club .i was travelling i dont remember anything i just knew i was in police car . i am sure about i didn't fight or something hurt another people . can i discharge my tickets ? my tickets are 1000$ and 2500$. thank you and what do i have to do on the court ? i am international student . if i dont go to court , what will happened to me ? my court date is after tomorrow pls can u send answer ASAP 

Submitted: 1 year ago.
Category: Criminal Law
Expert:  MyraB replied 1 year ago.

MyraB :

Hello and thank you for your question.

MyraB :

California Penal Code Section 647(f), being drunk in public (DIP), is classed as a criminal misdemeanor punishable by a fine of up to $250 and up to six months in jail, plus court costs. Additionally, people under age 21 automatically lose their driver's license for 12 months, even though they were not driving at the time

MyraB :

California Penal Code Section 148(A)(1), resisting arrest is also a misdemeanor. The penalties for resisting arrest may include up to 1 year in jail and/or a maximum fine of $1000.00.

MyraB :

Although misdemeanors, these are serious charges. However, it is unlikely you would receive time in jail on a first offense and if this is the only offense on your record.

MyraB :

You will need an attorney. If you can't find an attorney prior to the court date, you will want to enter a plea of not guilty at court and let the court know that you need to find an attorney. If you can't afford an attorney ask the court to appoint an attorney for you. Inform the court that you are an international student . Because you are from a foreign country there may be immigration consequences resulting from the charges that an attorney can help you avoid, if possible. When you obtain an attorney make sure to tell him or her that you are international student. Other than pleading not guilty and asking for an attorney, do not speak with the prosecutor or try to explain. Any statements you say could later be used against you. Explain to your attorney who will be in the best position to advise you.

MyraB :

Unfortunately, in the circumstances you describe an outright dismissal is unlikely, however, there is a pre-trial diversion program available in CA that may available to you. The program consists of educational courses and awareness activities that address the particular offense. After successful completion and a certain amount of time, generally a year, the charges are dismissed and you would have no criminal record. This may be a good option, especially as you would have no criminal record that could trigger immigration consequences. So, you may want to discuss that option with your attorney.

MyraB :

I will switch this to question and answer mode, so you can ask any follow-up questions.

Expert:  MyraB replied 1 year ago.

You can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  MyraB replied 1 year ago.
I re-read your question and noted that you asked what would happen if you did not appear in court.

If you do not appear in court, you will be violating your condition of release following your arrest and violating a court order to appear. A warrant will be issued for your arrest and any bail or bond money may be forfeited. When you are arrested, you will likely be denied bail and kept in custody until your case is disposed, because the purpose of bail is to assure that a person will appear on the court date. Courts take the failure to appear extremely seriously.

At this point, missing the court date will very likely get you into much more trouble than the charges you currently face.

Please feel free to ask any follow-up questions.
Customer: replied 1 year ago.

if i don't go the court what will happened to me ? because they have only my first name and second name and date of birth . nothing like address , school name , my passport number etc if i dont go to court, will they cancel my F1 visa or something from immigration

Expert:  MyraB replied 1 year ago.
I can't stress enough how important it is for you to go to court on the arraignment date. They may not be able to cancel your visa, but they will arrest you when they find you (and they will find you) and any chance that you had at an alternative disposition may be lost. They can keep you in custody, which means jail, until the disposition of your case. You do not want to disrespect the court or judge which is what you will be doing if you don't show up to court.

If you need time, if you are traveling home, if you will be away for the summer, there may be some accommodation that can be made, but you have to show up and ask for the time and accommodation that you need. The court does not want to and has no interest in making your life miserable, but you must answer to these charges. They will not just go away.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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