Orange County Criminal Defense Attorney
Tustin, California
Call (714) 589-3063
My client returned to Australia after receiving a California public intoxication citation. When he failed to address the Orange County case, a bench warrant was issued.
He did not have to fly back to California just to begin fixing the problem. I appeared in the Orange County case while he remained abroad, addressed the warrant, continued handling the misdemeanor case, and ultimately obtained a dismissal of the Penal Code §647(f) charge.
The client was visiting Southern California from Australia when he was arrested in the Disneyland area for public intoxication.
He later returned home without resolving the Orange County misdemeanor case.
After my office became involved, I addressed the outstanding warrant and represented him in the underlying case. The public intoxication charge was ultimately dismissed.
By the time the client contacted me, we were no longer dealing only with a public intoxication charge.
We also had to address an outstanding bench warrant while the client was thousands of miles away in another country.
That makes this case particularly useful for tourists who return home and later discover that an Orange County misdemeanor did not simply disappear.
My client was an international visitor enjoying a trip to Southern California and the Disneyland area.
According to the circumstances of the case, he eventually passed out near the Downtown Disney area and was lying in his own vomit.
Anaheim Police responded, took him into custody and cited him for public intoxication under Penal Code §647(f).
The client left the United States without properly resolving the misdemeanor court case.
Like many tourists facing what seems like a relatively minor charge, he underestimated what could happen if the California court date was ignored.
When the case was not addressed, an outstanding warrant became another problem that had to be resolved.
Instead of assuming he had to board a plane and return to California before anything could be done, we began addressing the Orange County case while he remained overseas.
Clearing the warrant was only part of the job. The underlying public intoxication charge still had to be handled.
The case was ultimately resolved with the Penal Code §647(f) charge dismissed.
People often describe §647(f) simply as California's “drunk in public” law. The statute is more specific than that.
The focus is not merely whether a person consumed alcohol or appeared intoxicated. The statutory conditions surrounding that intoxication matter.
The application of Penal Code §647(f) depends on the facts and evidence in the individual case.
A public intoxication case can involve questions beyond whether someone had been drinking.
Depending on the case, I may want to know:
Those questions can matter when deciding how to defend or resolve the case.
This is the most useful lesson from this case.
A tourist receives a citation, flies home and assumes: “I'm not going back to California, so this probably doesn't matter.”
But if a required court appearance is missed, the court can issue a bench warrant.
At that point, the person now has two problems:
Ignoring the case usually makes it harder to solve. Addressing it before the court date—or as soon as a missed appearance is discovered—is the better approach.
California Penal Code §977 allows a defendant in many misdemeanor-only cases to appear through counsel rather than personally appearing at every hearing.
There are exceptions, and the court retains authority to require a personal appearance in appropriate circumstances.
In this prior case, I was able to begin addressing the client's Orange County warrant and misdemeanor while he remained outside the United States.
That avoided treating an immediate international flight back to California as the only possible first step.
Anaheim misdemeanor criminal cases are commonly handled through the North Justice Center in Fullerton.
The courthouse is located at:
North Justice Center
1275 N. Berkeley Avenue
Fullerton, CA 92832
For someone living in Australia—or even another state—the practical importance of having local Orange County counsel becomes obvious.
The attorney can track the case locally, communicate with the court and prosecutor, obtain discovery and determine when the client's personal presence is actually required.
This is a real prior result, but every case is different.
Possible outcomes can depend on:
It shows that a citation and even a later warrant do not necessarily dictate the final outcome of the case.
It also demonstrates the practical value of local representation when the defendant lives far outside Orange County.
In this case, we were able to move from an unresolved misdemeanor and outstanding warrant to a dismissal.
An unresolved criminal case or warrant is something an international traveler should take seriously.
But immigration, admissibility and international travel consequences can depend on the person's citizenship, destination, immigration status, databases involved and the particular circumstances.
I would not tell someone that every Orange County misdemeanor warrant automatically results in an Interpol matter or automatically prevents entry into another country.
The practical advice is simpler: if you discover an outstanding Orange County warrant, deal with the warrant and underlying case rather than guessing what will happen at the next border or airport.
This page is intentionally about one prior Disneyland-area case: an international visitor, a PC §647(f) citation, a missed court date, a bench warrant, representation from abroad and an eventual dismissal.
For a broader explanation of California public intoxication—including what prosecutors must prove and defenses that may apply—read my main public intoxication guide.
Yes. Penal Code §647(f) can apply when a person is intoxicated in a public place and, because of that intoxication, is unable to exercise care for their own safety or the safety of others, or interferes with or obstructs the free use of a street, sidewalk or other public way.
The statute requires more than merely showing that a person consumed alcohol. The prosecution must establish the statutory circumstances associated with the person's intoxication.
The court may issue a bench warrant. Leaving California or the United States does not automatically close the criminal case.
In some misdemeanor cases, counsel may be able to appear and ask the court to recall or quash a bench warrant without requiring the defendant to first travel to California. Whether the court permits that depends on the case and the judge.
California Penal Code §977 permits appearances through counsel in many misdemeanor-only cases, subject to statutory exceptions and the court's authority to require the defendant's personal presence.
Dismissal is possible in some cases, but it is not automatic. The facts, evidence, criminal history, mitigation and available resolution options all matter. The case described on this page resulted in dismissal, but prior results do not guarantee a similar outcome.
Do not assume a universal answer. Travel and immigration consequences can depend on citizenship, immigration status, destination and the particular warrant or case. An outstanding warrant should be addressed promptly rather than relying on assumptions about border enforcement.
Anaheim misdemeanor criminal matters are commonly handled at the North Justice Center, located at 1275 N. Berkeley Avenue in Fullerton, California.
If you received a Disneyland-area misdemeanor citation and now live outside California—or already missed court—send me the citation and any court information you have. I can determine the case status, whether a warrant exists and what can be done locally in Orange County.
