Can I get charged with public intoxication after it happens?

UPDATED: Oct 2, 2022

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Can I get charged with public intoxication after it happens?

I got stopped by the police for being passed out drunk on the side walk. I had no ID but my girlfriend was there and gave them my information. No charges were filed but they said they would be in contact with her. Can charges still be filed after? I live in California

Asked on October 4, 2019 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, charges can still be filed after the fact: there is no law or court rule that requires that charges be filed or issued on the spot. It is unlikely that they will, since for such a minor offense as this, they typically do issue a ticket right away--it's generally not worth their effort to keep track of it and do it later--but legally they could.

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