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Public Intoxication

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Many people assume that as long as they don’t get behind the wheel and try driving home they don’t have to worry about how much they drink when they go out. While the decision to never drive after you’ve been drinking is always wise, that doesn’t mean you can get a plastered as you want. There is always a chance that your night of heavy drinking at the bar could result in you getting arrested for public intoxication in California.

The good news is that if you simply have one too many while you’re at the bar, you probably don’t have too much to worry about. California lawmakers have made it obvious that the only time legal concerns and public intoxication combine is when you’re so heavily under the influence of drugs or alcohol that you’re unable to keep yourself and others safe.

For example, if you’re so drunk that you aren’t aware of traffic and start walking down the middle of the road, you’ll be arrested and charged with public intoxication. The same is true if you get so drunk while you’re at the bar that your normal mild-mannered nature abandons you and you start making threats or behaving in a lewd manner.

Public intoxication in California is a misdemeanor. If you’re convicted, the maximum sentence is six months in jail and/or a $1,000 fine. In many cases, the individual must perform a specified number of community service hours.

The good news about public intoxication is that it won’t impact your driving record. The bad news is that the charge could hurt your future. It’s possible that the charge will make it harder to qualify for scholarships, land your dream job, and be approved for an apartment rental.

The only way you can be charged with public intoxication in California is if you’re in a public area. That means the best way to avoid the charge is staying home when you decide you want to spend the evening drinking.

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Wet and Reckless in California

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If you’ve never heard of a wet reckless charge in California, you’re not alone. Very few people are aware of them. Most of the people who do know about wet reckless driving offenses are lawyers who specialize in DUI cases.

What is a Wet Reckless Driving Charge in California

A patrol officer won’t write a wet reckless ticket. The only way you’ll ever get such a thing is if you’ve been arrested for a DUI in California and your lawyer can talk it down to a wet reckless charge. The fact that it’s not a traditional driving violation is the reason so few people have even heard of wet reckless driving.

A wet reckless charge is a plea agreement the California lawyers use in drunk driving cases. They usually only apply the first time a person is involved in a DUI. The biggest difference between a wet reckless charge and a traditional DUI conviction is that the consequences connected to a wet reckless charge are milder than those attached to a DUI. In many cases, people find that having a wet reckless charge on their file doesn’t create as many problems when employers run a background check.

In the past, some lawyers haven’t been fans of wet reckless charges, but changes made in 2021 have altered their stance.

How a Wet Reckless Compares to a DUI

If you’re able to plea a DUI down to a wet reckless in California, there is no automatic suspension of your driver’s license, though there is an exception. If the DMV learns that your wet reckless charge resulted from a BAC of 0.08% they can still suspend your license, though the suspension might not last as long. It’s also important to understand that the charge will result in two points being added to your driving record.

A wet reckless charge doesn’t involve mandatory jail time. If the judge does sentence you to jail, the maximum amount of time you would serve is 90-days.

You’ll probably still be required to take a few DUI classes, but it’s normally far fewer than you’d have to take if you were charged with a formal DUI.

While there is still a probationary period connected to a wet reckless conviction, it’s significantly shorter. The probation for a wet reckless is generally one to two years, whereas for a DUI it’s three to five years long. This can have a huge impact on your life if you plan on moving out of state or doing much traveling.

Wet and reckless charges aren’t applicable in every single DUI situation. You’ll have to consult with a highly experienced DUI attorney to determine if this is the route you should take following a DUI arrest.

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Can You Go to Jail for Online Scams?

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If you’re wondering if you can go to jail for instigating an online scam, the answer is yes.

If you wondering if you absolutely will go to jail for an online scam you’ve run, the answer isn’t as clear.

The first thing you need to understand is that it doesn’t matter what you’re doing, if you’re using a dishonest method for getting money out of people, you’re running a scam and that is always illegal. It doesn’t matter if you managed to acquire $20 or $20,000, the scam was still illegal. If the police catch on to what you’re doing and have enough evidence, you will be charged.

The types of internet crimes individuals have been charged with in California include:

Phishing
Online credit card fraud
Romance scams
Ponzi schemes
Greeting card scams
Bank loan scams
Identity theft scams
Craigslist scams
Etc.

The amount of money you collected via the online scam will influence whether you’ll go to jail if you’re convicted and also how long you’ll be imprisoned.

If the scam had minimal financial consequences, it’s likely that you’ll be charged with a misdemeanor. While the sentencing could include a year in jail, the judge may decide that you only have to pay a fine or do community service. You could also be placed on probation.

If you acquired a larger sum of money, it’s likely you’ll be charged with a felony. In that case the likelihood of you being sent to jail increases. If you’re convicted, the consequences could include being sentenced to time in a state prison, massive fines, and felony probation. The number of victims involved in the scam as well as your criminal history can also play a huge role in how much time you spend in jail as a result of internet crimes.

A stint in jail will likely be only one of the hardships you face following a guilty conviction for perpetrating an online scam. It’s likely that your victims will decide to file civil suits against you as well.