3 Things to Know: If You Were Arrested in Newport Beach for Public Intoxication (“Drunk in Public”)
The city of Newport Beach is a unique place in Orange County. It’s both a tourist destination for those who live far away and it’s a highly visited place for those who live locally and want to experience a great time. So it’s no wonder that where people spend quality time with one another, sometimes you can have “one-too-many” and spend the night in jail. That’s why it’s important to know a few things after you’ve been arrested in Newport Beach for public intoxication because you will want to navigate the legal landscape for obvious reasons. To learn more about public intoxication charges in general, you can read about it here: Public Intoxication. Nobody ever plans on being arrested (almost never). But helps to know what pieces these cases together to give you the best shot and minimizing the damage to your personal and professional life.
1. Your State-of-Mind is Evidence, Try to Preserve It
This might come as a surprise, but it’s not necessarily illegal to be intoxicated in a public place. If that were the case, nobody would have a glass of wine with their dinner in Newport Beach or anywhere else for that matter. But like many public intoxication cases, the one who was arrested has a hazy memory–but not THAT hazy. Virtually every client our firm speaks to still has a strong recollection of events and can recount many details of that night (or day).
So the best way to direct your lawyer in building a stronger case for your defense, it helps to gather details from as many sources as possible to put the pieces together. If you don’t remember the exact place or moment when you were approached by the police officer, maybe your friend remembers. Additionally, if the encounter took place nearby a specific restaurant or business establishment you are familiar with, evidence such as third-party witnesses or surveillance footage could also help.
2. Location of Arrest Matters
Some wonder why being drunk in public is even a crime. One of the stronger arguments is based on putting oneself in danger of harm. Newport Beach is a high traffic area with a lot of foot traffic. Public safety concerns are plentiful. So just like a jay-walking ticket or a DUI, it’s not always the public you are putting in harm, but yourself. That makes it a punishable offense worthy of arrest. So for the same reasons above, your memory of the area you were arrested in will have a significant effect on whether you can beat the charge because your proximity to others and traffic is a big factor.
In addition to your surrounding environment, your physical safety is not the only function that officer’s have concern over. Countless studies show that intoxicated individuals are prime suspects of theft or violent assaults. Many police agencies have specific policies to determine if the person they are investigating has a safe way of getting home. In many of our cases, officers have gone as far as checking to see if you have ordered a ride hailing app or called someone to get you home. For many individuals, if they can’t assist officers with answering that question, the police will default with initiating an arrest. Each case is unique, so this is somewhat of a generalization.
3. Will the Arrest Show Up on a Criminal Record?, it Depends
Criminal records are complicated. To see just how complicated, you can read about them here: Criminal Records, What is a Criminal Record? It should be noted that very special attention to be brought to those with professional licenses who hold credentials with either a State agency or Federal regulatory body. Such arrests could complicate things in more than one way place delays or denials or special credentialing authority.
Since this article is specific to being arrested in Newport Beach for public intoxication, this can cause a peculiar circumstance. The Newport Beach police department has it’s own jailing facility. It’s designated for local arrests that do not always necessitate a full-scale booking process like that of the county jail.
Therefore, as a local police department with it’s own record system that is separate and apart from the county of orange, their criminal arrest history doesn’t flow through the same data channels. To learn more about arrest information and how this may come out in the future, follow this article: Arrest on a Background Check.
As for the criminal charges that could eventually stem from this arrest, that creates a separate question that is different for everyone when it comes to the type of background check that will be done in the future. A person’s profession, type of license, industry, and work/home geography all come into play when it comes to what will be discovered and what will be reported. A court docket produces a new trail for public record research companies to compile and store that information for future use. A more detailed discussion on this topic can be read here: Criminal Charges on a Background Check.
If you’ve been arrested in Newport Beach for public intoxication, there can be a host of things that can be done to avoid conviction, find alternative remedy, and preserve your criminal record from being tarnished too harshly. To see how your unique circumstances may fit into an over all criminal defense strategy, we encourage you to contact our office for a detailed consultation.
Where you Arrested in Newport Beach for Public Intoxication?
Regardless of what stage you are in, whether the arrest happened very recently or you have already appeared in court, we encourage you to learn more about how this event could effect your personal or professional life. We would love to hear about your case and see if we can help.
Bart Kaspero is an experienced criminal defense and regulatory attorney who has focused on using technology and the law in bringing privacy to criminal records. His unique background has allowed him to help a broad spectrum of clients and cases involving cryptocurrency, import/export violations, cannabis/CBD licensing, consumer protection, and emerging market businesses.
100 Spectrum Center Drive
Irvine, CA 92618
Disclaimer: Nothing within this site shall be construed as legal advice nor does it create an attorney-client relationship by virtue of any material written. Providing any information through this site that is time sensitive or confidential is strongly discouraged.