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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23541
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was given a Xanax pill that was called a bar recently. I

Customer Question

I was given a Xanax pill that was called a bar recently. I had taken Xanax in the past sparingly, usually when I was stressed and handled it just fine. Turns out they were typically .25 - .5 mgs. The pill I took m, one called a "bar" on the street, was waaaaay stronger, as I later came to find out it is a 2mg strength, which floored me.
I wound up blacking out from this pill and next thing I recall is waking up in jail. So far I have been able to piece together that I had started walking to a Friends house, however I never made it there. I mistakenly barged into a random house through an unlocked front door (my friend always leaves his unlocked) and proceeded to sit down. This Is speculation, but I can only assume I thought I was in the correct apartment/ complex etc.
The cops were of course called and came to detain me wherever I was as I vaguely remembering going back outside. I woke up in jail with no recollection at that point, and some but barely has come back.
I was charged with the following: HS 11550 (A) M - which is public intoxication I think and PC 647(1), which basically means "peeping tom". but instead of ending there, if continues with ">1/96 M". So second charge reads: PC 647(1),>1/96 M.
So I am wondering: 1. Even though barging into.the house may be guilty of unlawful entry, if can't be guilty of subdivision 1 of PC647 right? If was front door and unlocked.
Also, 2), if I do not recall anything, and had to be detained for my own safety, how could someone in that state even be "capable" of successfully "peeping".
And 3, and additional tips or need any information to help out? Thanks!!! SRF
Thanks!!
SRF
Submitted: 12 months ago.
Category: Criminal Law
Customer: replied 12 months ago.
Some addtl info:
1. I have no prior drug charges Fel or Mis. (Did receive a citation for driving on suspended license and cocainse possession but will go to court after for that charge, even though did not see possession charge appear on paperwork)
2. I have a wet and reckless in 2004 (.09 BAC) and one in 2009 (.08 BAC)
3. Located in CALIFORNIA
4. Vaguely remember them administering a urine test as I was incoherent and had no alcohol in system, but have no idea if they did.
5. I could not see straight, walk, talk, or any basic human function so how can I have been operating some spying scheme.
6. If peeping tom is dropped to loitering perhaps, or hell even dropped which would be amazing, is there a case to have both dismissed? The same week several college aged kids died from taking fake Xanax laced with fentanyl and possibly others, and I strongly believe I was victim to same.Thanks !
Expert:  Zoey_ JD replied 12 months ago.

Hello,

PC 647 (1) is part of California's disorderly conduct statute and applies because you were udner the influence of a drug. It's not clear from what you've provided in which way you were disorderly. The codes you cite do not specify a peeping tom violation.

HS 1150(A) is "Use of or under the influence of a controlled substance." Both of these charges are misdmeanor charges and make it clear that you were intoxicated, They could support your defense -- that you didin't know what you were doing -- assuming an unlawful entry or being a peeping Tom was also charged.

In any case, the police reports and the charges themselves support your premise that you were intoxicatd to the point that you couldn't take care of yourself and had to be detained until you were capable of making sense. As to that, there is no dispute. With a lawyer, therefore, you are probably not looking at anything worse than probation if you wanted to plead to these charges, and you could possibly get one of California's diversion-type programs where you can work off your conviction by avoiding further trouble with the law, paying fines, taking anti-drug classes/treatment/counsleing, and doing some community service, at the end of which the charges can be dismissed.

If you can afford a lawyer have him with you on your court date. If you can't, plead not guilty at your arraignment and ask the court to appoint you a public defender. These particular charges, given your history and circumstances, give a lawyer some good latitude to work out a dismissal or reduction with the prosecutor.

Customer: replied 12 months ago.
Thanks for your your response and all the good info in there. I did have a couple of follow ups if you don't mind. First and my mistake, the code used was 647 (i) not 1. This one is related to peeping tom I believe. If that is the case, and considering the state I was in, would a DA really go after me for this considering I could not even see straight? I know you likely can't answer that, but I was just very upset when I saw my name in local paper accused of being a peeping tom especially right after arrest and before my day in court.Second, I have called court and they have NO knowledge of a pending court date for me. Is there any chance either DA decided to drop that charge or the individual who pressed charges decided to drop them. Therefore because only the intoxication charge was left, perhaps the case was dismissed?Lastly, and promise it's the last one, if they did take my urine and found other drugs even if not taken that day can new charges be brought up?
Customer: replied 12 months ago.
Actually never mind. No need for additional comments
Expert:  Zoey_ JD replied 12 months ago.

sorry for the delay. I am in the midst of a plumbing nightmare and my kitchen is upside down and workers are here.

Yes, you're correct. Subsection (i) is peeking while loitering which doesn't go as far as (j) which is an unlawful invasion of privacy. It just basically means you're looking into a window, for example while trespassing on someone's property. It doesn't require that you see anything, tht you're taking pictures or that you're actually invading privacy. Arguably if you were just looking because you were too stoned to do anything else, or to try to figure out whether or not you were at the right house, the elements of the charge could potentially be made out. But again, your intoxication would negate at least some of any intent to do anything unlawful and I would think that the police would likely agree you were really out of it, which is why I don't think this case will rise to any serious level.

No, if they took a drug test and found other drugs, it's all still the same charge. If they found actual drugs on you (rather than in you) they could add more charges.