i was charged with public drunkeness after a concert as i took Lsd can i plead that someone put something in my drink?
Howard (anonymous), I really hope that isn’t even close to your real name. I’ll give you this much public and free advice which as you asked for a public response is NOT PROTECTED BY ANY PRIVILEGE, known to me. BUT, Here you are in a public forum, and therefore publicly admitting that you took the LSD, yet you’re asking if it’s O.K., if you claim someone put it in your drink. Unless you have someone who will testify truthfully that they put it in your drink (which is not likely since 1) that is a crime and 2) you already admitted that you yourself took it), the only way such testimony would exist is if you yourself testified falsely that you were unwittingly drugged. Considering your admission that you took it, it seems like you’re asking this with the hope that some qualified/licensed attorney will tell you whether it’s o.k. for you to lie about the facts during your case. If you lie about it under oath, hat’s called perjury, which is a crime. And your question above in this forum is not protected by any attorney client privilege, so it’s fair game for anyone to use. For example if an OC cop or DA saw your question above and somehow were to link it to you, it could be used against you. You’re quite literally asking the question whether it’s O.K. to lie under oath, which if your attorney knowingly helps you to do so is called suborning perjury, and which could get your attorney charged with a crime, disciplined or even disbarred if he were to ask you that question, knowing you were going to lie about it. P.C. 647(f) requires the state to prove that you were so wasted that you were unable to take care of yourself, and/or you were a threat to the safety of others. It’s often actually a hard case to win for the DA unless you were passed out somewhere, starting a fight, or wandering around in traffic (for example). HOWEVER, DO NOT, REPEAT, DO NOT STATE ANYTHING FURTHER ABOUT THE UNDERLYING FACTS HERE IN THIS FORUM. It is STUPID of anyone to do so. And in court or at trial, YOU don’t have to testify at all, and considering you seemingly admitted in your question that you took the LSD, I would suggest that you don’t take the stand or testify under oath if you go to trial. Nobody in this forum can competently advise you of your chances in this case without actually reading the police reports and other discovery. None of the advice in this forum is protected by attorney/client privilege as it’s a public forum and as to whatever is posted here, that privilege is waived, and nobody here should even represent you as now they could be witnesses against you after reading your admission above and not having any attorney client privilege above. It’s just like if you’re on a public bus, and you’re asking some doctor to diagnose your illness based upon a few of your stated symptoms and without an examination or tests. Not only does everyone on the bus now know what your symptoms are, you’re not going to get good advice about the facts of your case as nobody knows them and shouldn’t be talking publicly to you about those facts either. You are not helping yourself here in this forum. I’d suggest deleting your question above. Then consulting in PRIVATE with an attorney that has access to your police reports. Go to court, ask for a public defender and ask them for copies of your police reports (you might have to pay for them). Then, if you don’t like the advice of your public defender, go out and pay a competent attorney for legal advice and/or representation. Be prepared to spend some money if you expect to go to trial.
With very little information provided here, you were likely charged with violation of Penal Code 647(f), a misdemeanor with a potential of six months jail (you will never get that), but likely they will offer a fine or diversion. You can argue that someone put something into your drink as a defense, but whether you are successful is another matter. That is something you should discuss with your attorney (if you can’t afford a private attorney then discuss with a public defender). However, why start out with arguing some defense you com up with when the prosecution has the burden of proof to prove you guilty?
