View Full Version : Question on 647.F PC?
WhatsUp
12-15-2007, 07:22 PM
Recently, I was arrested and booked for a 647.F (Disorderly conduct /who is found in any public place under the influence of intoxicating liquor)
I stayed in the jail for roughly 10hrs and of course it sucked! Upon my release, I was notified that I had an upcoming Court date for this incident. I would like to make note, that I am currently applying for different agencies in the area and was just wondering if this will have a huge impact and determining factor of my hiring status based on this misdemeanor? Question 2:When I am scheduled for my court date, what plea would be advised? guilty/no contest/Not-guilty?
If there is anything that I left out, please feel free to add.
Thank you for your help.
}Dragon{
12-15-2007, 07:37 PM
Recently, I was arrested and booked for a 647.F (Disorderly conduct /who is found in any public place under the influence of intoxicating liquor)
I stayed in the jail for roughly 10hrs and of course it sucked! Upon my release, I was notified that I had an upcoming Court date for this incodent. I would like to make note, that I am currently applying for different agencies in the area and was just wondering if this will have a huge impact and determining factor of my hiring status based on this midemeanor? Question 2:When I am scheduled for my court date, what plea would be advised? guilty/no contest/Not-guilty?
If there is anything that I left out, please feel free to add.
Thank you for your help.
You got a court date for 647f? Did you piss off the Deputies? Have you had any prior arrests for 647f?
10hrs is quite some time to sober up...
It's also odd that this would be your first post on BARF.
Should be nothing more then a fine. Go to court, plead however you will, and go from there.
motorman4life
12-16-2007, 12:01 AM
Nothing more than a fine? He already has time served! Even a few hours will get you credit for a day in jail.
If you want to be a cop down the road... get a lawyer.
They should be able to get the charges dropped or get you a plea deal that you would attend some treatment classes and after showing proof of completion, the conviction is DISMISSED or EXPUNGED. You will still have to report it in your background, but it won't be a conviction. It will be a diverted plea and show as dismissed, expunged or diverted. It is not like it never happened, it is like the court said they would "erase" it if you took care of it to their satisfaction.
If you plea and take a fine, it will be a time served misdemeanor conviction. You would want to avoid that.
Get a lawyer. Do not pass go, do not collect $200.
Yes, it will likely cost you $1500 to $2000.. yes, you still may have to wait 3 years to get a cop job, even if you get it dismissed. Don't make a mistake now that you can't fix later. Suck it up and consult an attorney.
RolnCode3
12-16-2007, 01:39 AM
Agreed. If there was ever a charge that is easy to get dismissed, 647F is probably it.
In your case, quit drinking alcoholic beverages entirely, whether you ever become a cop or not. If you can't at least do that, I don't want to be working with you.
A big ++ to MM4L's advice.
Otherwise, be planning on other career choices, at this point.
Another Thought.
I've often heard, perhaps other LEOs here have heard this, too, while I'm detaining somebody (prior to arrest or getting a ticket) the suspect shares with me his/her intention of becoming a cop. If this is even true (or are they just trying to get out of being charged with something), and they're screwing up to this extent, prior to or during a background, they might as well just give up now as any background investigator will be concerned about what-kind-of-cop this person will be if hired. (Just my 2¢ and I'm not in the mood to be polite, today.)
WhatsUp
12-16-2007, 12:48 PM
You got a court date for 647f? Did you piss off the Deputies? Have you had any prior arrests for 647f?
10hrs is quite some time to sober up...
It's also odd that this would be your first post on BARF.
I have never had any prior arrests. I have a clean record. The officer that had detained me, was with another officer who was undergoing Field Training. Perhaps using discretion wouldn't be appropriate while in front of someone this officer was training. 10hrs is quite some time, however, there were many other persons inside the jail facility before me and I'm sure that had something to do with it. I'm new to BARF, and decided to post my question and concern.
WhatsUp
12-16-2007, 12:57 PM
In your case, quit drinking alcoholic beverages entirely, whether you ever become a cop or not. If you can't at least do that, I don't want to be working with you.
A big ++ to MM4L's advice.
Otherwise, be planning on other career choices, at this point.
Another Thought.
I've often heard, perhaps other LEOs here have heard this, too, while I'm detaining somebody (prior to arrest or getting a ticket) the suspect shares with me his/her intention of becoming a cop. If this is even true (or are they just trying to get out of being charged with something), and they're screwing up to this extent, prior to or during a background, they might as well just give up now as any background investigator will be concerned about what-kind-of-cop this person will be if hired. (Just my 2¢ and I'm not in the mood to be polite, today.)
I do not drink on a daily basis. Not exempting myself from having any responsibility for my actions, I did take the precautionary judgement to walk vs drive. I did learn a huge lesson.
Most counties don't even prosecute 647(F), and he'll still have to disclose the arrest to his background officer.
Gonzo
12-16-2007, 05:50 PM
Wow! I have never charged a 647f. Were there any other charges?
WhatsUp
12-16-2007, 06:16 PM
Wow! I have never charged a 647f. Were there any other charges?
No. the release and promise to appear in court (DET 010;FRM) stated the date and time to appear in court, and the charge of violation section, which says a 647F PC. I even called the Detention Center to verify my exact violation and it was recorded only as one offense, that being 647.F. I asked the personnel if that was standard procedure to mandate an appearance at court for such an offense, and the reply was "yes", and that every issude dealt here is always mandated to go to court. This happened in the Contra Costa area.
I say you pissed someone off. I use to work in Contra Costa County (No more thank god) and we could not get them to charge car thieves and burglars half the time.
As for the law enforcement job, yes it will affect you getting a job. It shows lack of maturity, judgment, and possibly an alcohol problem. Get it behind you, reconsider your drinking habits, and learn from the mistake. In a few years if you can show you don’t repeat such mistakes then it won’t be an issue. People don’t realize their poor judgment can affect them later in their lives.
Flexxxn
12-16-2007, 09:17 PM
Hi y'all. Im a personal friend of "whatsup" and after he told me about the arrest, I sent him here to seek advice. Motorman4life and Jpm basically echoed everything I told him. It's an unforunate set of circumstances that he ran into.
Let me get into his backround. He's in his early 20's and has made a decision that being a LEO is for him. About three years ago he made this decision and has cleaned up his act and kept his nose clean (clean rap sheet). He has been on numerous ride alongs with different agencies and asks a thousand questions. He has enrolled in AJ classes at a local JC and has started the application process using the shotgun approach.
Basically he has been taking all the steps he could to become a cop. However, the arrest the other night has since made him question himself and his eligibility to ever become a cop. I told him that the arrest has now set him a couple years back, bearing he not F up again.
The unfortunate part of this is that he is a very responsible young man. He drinks occasionally, maybe 3-4 times a year tops. I know because im usually around him. He steps up and wont drink if others do, so that he could be the designated driver.
This is the story I get from him: the other night, he and his girlfriend go out celebrate. Being the responsible guy he is, they opted to walk to the bar/nightclub (which is approx 1/2 mile from his home), so that he wouldn't be drinking and driving. He drinks about 5-6 beers in the course of the night. After getting a bite to eat, they walk home holding hands talking, not being loud and annoying. The beat officer pulls up and asks what they are doing. He responds by saying that they just came from the bar and are walking home. The officer and his partner arrest him although he was very cooperative and attitude free.
In a nutshell, I tell "whatsup"" that his possibility of a career in law enforcement is not completely over. He has been devastated by it so I told him to post here to get a feel of what cops think of this in relation to his career choice. I tell him he just needs the time of the crime behind him and that to take this last arrest very seriously and learn from it. He may have not been what he considers "drunk" at the time of the arrest but it just goes to show what being in the wrong place at the wrong time can do.
Thanks for your input thus far
Gonzo
12-16-2007, 09:34 PM
Hi y'all. Im a personal friend of "whatsup" and after he told me about the arrest, I sent him here to seek advice. Motorman4life and Jpm basically echoed everything I told him. It's an unforunate set of circumstances that he ran into.
Let me get into his backround. He's in his early 20's and has made a decision that being a LEO is for him. About three years ago he made this decision and has cleaned up his act and kept his nose clean (clean rap sheet). He has been on numerous ride alongs with different agencies and asks a thousand questions. He has enrolled in AJ classes at a local JC and has started the application process using the shotgun approach.
Basically he has been taking all the steps he could to become a cop. However, the arrest the other night has since made him question himself and his eligibility to ever become a cop. I told him that the arrest has now set him a couple years back, bearing he not F up again.
The unfortunate part of this is that he is a very responsible young man. He drinks occasionally, maybe 3-4 times a year tops. I know because im usually around him. He steps up and wont drink if others do, so that he could be the designated driver.
This is the story I get from him: the other night, he and his girlfriend go out celebrate. Being the responsible guy he is, they opted to walk to the bar/nightclub (which is approx 1/2 mile from his home), so that he wouldn't be drinking and driving. He drinks about 5-6 beers in the course of the night. After getting a bite to eat, they walk home holding hands talking, not being loud and annoying. The beat officer pulls up and asks what they are doing. He responds by saying that they just came from the bar and are walking home. The officer and his partner arrest him although he was very cooperative and attitude free.
In a nutshell, I tell "whatsup"" that his possibility of a career in law enforcement is not completely over. He has been devastated by it so I told him to post here to get a feel of what cops think of this in relation to his career choice. I tell him he just needs the time of the crime behind him and that to take this last arrest very seriously and learn from it. He may have not been what he considers "drunk" at the time of the arrest but it just goes to show what being in the wrong place at the wrong time can do.
Thanks for your input thus far
Based on your description of the incident, I highly doubt an officer would have arrested him. If everything happened as described, have his attorney obatin a copy of the report and fight it. I suspect some details were ommited from what happened to what was told to you or your friend has a different perspective of what happened that night.
Flexxxn
12-16-2007, 09:46 PM
Based on your description of the incident, I highly doubt an officer would have arrested him. If everything happened as described, have his attorney obatin a copy of the report and fight it. I suspect some details were ommited from what happened to what was told to you or your friend has a different perspective of what happened that night.
Your right, there are two sides to every story. Some say there are three sides to every story, two versions and then the truth, hahaha.
Anyways, I forgot to add that Whatsup said that one of the officers (the one in the drivers seat) was obviously in training based on the officers interaction with each other i.e..getting directions to the county jail and just being told what to do.
My guess is another unfortunate cirmcumstance that the cop that stopped him was on FTO. Basically he was awesome "training material" booking and transporting and what not. I could be wrong, but that's just my guess.
I agree Gonzo, an attorney is in line here.
Iszlandsnow
12-16-2007, 09:55 PM
You shoulda ran. :thumbup
WhatsUp
12-16-2007, 10:05 PM
Based on the feedback and valued advice, I at this point would like to ask if anyone can recommend an attorney for me.
Slow600rr
12-16-2007, 11:23 PM
If the story went as outlined, then get a lawyer and fight it. It is not illegal to walk home after consuming alcohol.
It is however illegal if the officer feels you cant care for your own safety. I can't imagine the GF went the whole night without drinking? Can I assume that she was intoxicated at the time of contact? If so, why wasn't she arrested as well? There has to be more to the story, regardless of wether or not my assumptions are correct. If you were walking home, and not being an ass, I don't see why you would have been arrested, a copy of the officers report would shed some light on the situation.
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.
antarius
12-17-2007, 12:20 AM
Definitely more to this story....
USARMworker
12-17-2007, 01:12 AM
5 or 6 beers would really f*ck someone up who only drinks "3-4 times a year", wouldn't it?
..
Junkie
12-17-2007, 01:21 AM
not really. i don't drink at all frequently, and can certainly still walk straight after 3 fairly strong 22oz beers. I mean, I wouldn't drive/ride at that point (I won't if I'm at all intoxicated), but it wouldn't be enough for me to be a danger to myself.
edit: I've been through a total of 12 22oz beers plus 2 12oz beers in the past 6 months.
RolnCode3
12-17-2007, 02:10 AM
You shoulda ran. :thumbup
Yeah...drunks are so hard to catch. Besides, it's just another item to sign off in the FT book.
}Dragon{
12-17-2007, 09:05 AM
Based on your description of the incident, I highly doubt an officer would have arrested him. If everything happened as described, have his attorney obatin a copy of the report and fight it. I suspect some details were ommited from what happened to what was told to you or your friend has a different perspective of what happened that night.
*DING-DING-DING*
"I was minding my own business when..."
First, something was done to attract the Officers' attention to Whatsup. Something was then said to the Officer to sway his opinion of him.
I highly doubt (unless you were in Walnut Creek) that he would be training material for someone on FTO.
If everyone was arrested for having a few beers in them walking down the street, minding their own business, the line to the sally port at MDF in Martinez would reach to Hwy 4.
motorman4life
12-17-2007, 10:13 AM
+1
I highly doubt (unless you were in Walnut Creek) that he would be training material for someone on FTO.
My trainee was called to a man skipping and running down the right shoulder of SR-87, who we did arrest for 647 (F). Excellent training opportunity having to deal with, search, and take to jail a drunk person.
}Dragon{
12-17-2007, 11:24 AM
My trainee was called to a man skipping and running down the right shoulder of SR-87, who we did arrest for 647 (F). Excellent training opportunity having to deal with, search, and take to jail a drunk person.
Well, if your drunk and you are just "minding your own business", skipping down the freeway on foot... you deserve to go to jail. :Party
21959.(d)It is unlawful for any person to skip or jump on or
across any roadway in such a manner as to interfere with the movement
of vehicles thereon. A person who skips proceeding on or across a
highway at a pace no greater than a walk is not within the
prohibition of this section and shall be considered to be a
pedestrian with all the rights and duties thereof as prescribed in
this code.
highonF4i
12-17-2007, 12:21 PM
Being the responsible guy he is, they opted to walk to the bar/nightclub (which is approx 1/2 mile from his home), so that he wouldn't be drinking and driving. He drinks about 5-6 beers in the course of the night. After getting a bite to eat, they walk home holding hands talking, not being loud and annoying. The beat officer pulls up and asks what they are doing. He responds by saying that they just came from the bar and are walking home. The officer and his partner arrest him although he was very cooperative and attitude free.
I'm sorry but things simply don't work this way or I'd spend every weekend in jail.
WhatsUp
12-17-2007, 03:00 PM
I highly doubt (unless you were in Walnut Creek) that he would be training material for someone on FTO.
HAHA!!
}Dragon{
12-17-2007, 09:36 PM
I highly doubt (unless you were in Walnut Creek) that he would be training material for someone on FTO.
HAHA!!
Don't start me on the city of walnut creek security. :|
I just try to avoid the place. I'm just afraid that, if I have only three bolts in my license plate frame that I'll get pulled over for an unsecured plate.http://www.babyidea.fi/palstat/mods/smileys/images/whistle.gif
RolnCode3
12-18-2007, 02:39 AM
"Press hard, 3 copies".....
Fixed that one for ya'.
Fixed that one for ya'.
Actually, 4 copies.
summitdog
12-19-2007, 10:48 PM
Santa Clara County prosecutes 647(f) all of the time. Of course, Santa Clara DA's office is exceptionally hateful in comparison to other counties. Standard first for a deuce = 10 days. San Mateo, San Francisco, Alameda, Napa Counties first for a deuce = 2-3 days.
Scotty
dfndr
12-19-2007, 11:23 PM
get a good atty> Jail could have just given you a PC 849b detention slip which states its just a detention, not an arrest. Don't plead guilty. Go for diversion or infraction at most if they wont do informal dispo. Good luck.
summitdog
12-20-2007, 08:09 AM
send me an e-mail and I can send you a copy of the AA attendance sheet. Often times if you go to 10 AA meetings the court will dismiss the case in the interest of justice. If you have it ready b/4 the arraignment and the court refuses to dismiss, then it is time to consider retaining an attorney.
Scotty
scottystorey@twowheellaw.com
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