Monder Law Group - News
Miles Teller Arrested in San Diego For Public Intoxication
Miles Teller, an actor who has starred in War Dogs, Footloose, and The Divergent Series, was arrested in San Diego the other day for public intoxication. Mr. Teller was down in San Diego to visit friends and send off one who would be deployed soon. Officers approached Teller Sunday after finding that he allegedly appeared intoxicated and had trouble keeping his balance, a San Diego police officer reported. Officers approached Mr. Teller while out walking on the street. Officers gave him the option of sleeping it off at one of the city’s detox centers, but the 30-year-old Mr. Teller allegedly did not cooperate. Because Mr. Teller did not cooperate the officers then took him down to the jail and proceeded to book him. In San Diego, the police allow intoxicated people to check into detox centers run by volunteers instead of being arrested and taken to jail. After Mr. Teller allegedly rejected the treatment, and did not want to go to the detox center he was arrested on a charge of public intoxication and taken to jail. Mr. Teller was later released. After all this occurred Mr. Teller responded to the accusations on Twitter, he said, “Went down to San Diego to see my buddy before he deployed,” he tweeted. “I wasn’t arrested I was detained, because there was no evidence to charge me with a crime.” A few minutes later, he continued, “Do not believe everything you read, especially from a third party entertainment news source trying to get clicks. Appreciate the concern.” Mr. Teller then said, “I blame Shore Club.” Insinuating that the bartender at the establishment he was at had over served him and that is why he was
The questions we will look at is what exactly is public intoxication? In addition, will this be on his record regardless of whether he is prosecuted or not? Lastly, how to possibly get this off of his record?
What exactly is public intoxication? In California, it is called Drunk in Public, the rule states that, “Offense of public intoxication is complete if arrestee is intoxicated in public place, and either is unable to exercise care for his own safety or for safety of others, or interferes with or obstructs or prevents free use of any street, sidewalk or public way.” West’s Ann.Cal.Penal Code § 647(f). Here, because Mr. Teller was stumbling around it may allude to the fact that he is unable to take care of himself. At the time of his arrest, he was outside the bar on a sidewalk which would be a public place. Thu, the crime would seem to be fulfilled as long as Mr. Teller was in fact intoxicated. Mr. Teller reported there was no evidence to this, however, he later blamed the establishment on over serving his alcohol. This may show that he was in fact intoxicated. Thus, it is likely that Mr. Teller was Drunk in Public.
However, with the question of judicial efficiency and the facts of the case may not be enough the City attorney may not prosecute Mr. Teller on the Drunk in Public. This can be common when there is not a strong case or there was a police error. This is usually left to the discretion of the City Attorney. There is a possibility of a case like this going either way in being prosecuted or not. This is a very common case in San Diego because of all the bars and restaurants located in the area, in addition to the beach atmosphere. Also, this would be on Mr. Teller’s record even if the City Attorney prosecute him. This would go down on Mr. Tellers criminal record as being detained. Which can impact one’s life in a negative way.
Lastly, we will look at how to possibly get this off of Mr. Teller’s record? Mr. Teller would be eligible have this incident sealed under PC 851.8. One is potentially eligible to have your California arrest records sealed and destroyed under Penal Code 851.8 PC if one of the following is true: one was arrested, but the prosecutor never filed criminal charges or that one was charged with a crime but had their case dismissed in court, and lastly one was acquitted by a jury. California Penal Code 851.8. However, it is essential to note that if one is convicted they are not eligible to have the record sealed, even if they were dismissed later on down the road. Here, in the scenario that Mr. Teller is not prosecuted he can have this sealed because he was never charged with the actual crime of Drunk in Public. However, him being detained will possibly still be on his arrest record.
The first step to getting this incident off one’s record would be to petition the law enforcement agency for relief. In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest. The law enforcement agency having jurisdiction over the offense shall notify the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner for an offense for which the petitioner has been found factually innocent under this subdivision, of the sealing of the arrest records and the reason therefor. Each agency, person, or entity within the State of California receiving the request shall destroy its records of the arrest and the request, unless otherwise provided in this section. California Penal Code 851.8. Mr. Teller could contact the San Diego Police Department and try to have this taken off his record which may not work. Sometimes the police will not comply or try to make the process more difficult. This is a tricky process without the help of a legal professional.
If this does not work we must move to the second step. This is where your criminal defense lawyer would petition the court. In any case where a person has been arrested, and an accusatory pleading has been filed, but where no conviction has occurred, the defendant may, at any time after dismissal of the action, petition the court that dismissed the action for a finding that the defendant is factually innocent of the charges for which the arrest was made. The prosecuting attorney may present evidence to the court at the hearing. The hearing shall be conducted as provided in subdivision (b). If the court finds the petitioner to be factually innocent of the charges for which the arrest was made, then the court shall grant the relief as provided in subdivision (b). (d) In any case where a person has been arrested and an accusatory pleading has been filed, but where no conviction has occurred, the court may, with the concurrence of the prosecuting attorney, grant the relief provided in subdivision (b) at the time of the dismissal of the accusatory pleading. (e) Whenever any person is acquitted of a charge and it appears to the judge presiding at the trial at which the acquittal occurred that the defendant was factually innocent of the charge, the judge may grant the relief provided in the subdivision. Finding of factual innocence–and associated order to seal and destroy arrest records, shall not be made unless no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made. California Penal Code 851.8 Factual innocence will exonerate one and show substantial doubt to a person’s guilt. The tricky part that Mr. Teller and his criminal defense lawyer will have in this stage is the burden to prove this factual innocence lies on them. They must show there was not reasonable cause to arrest Mr. Teller in the first place. One is entitled to an appeal if the court does not rule in favor of them.
When one has successfully completed this part of the process then the record will be sealed and destroyed. This means that hen your California records are declared “sealed and destroyed” under Penal Code 851.8 PC, the arresting law enforcement agency, Department of Justice, and any local, state, or federal law enforcement agency to which they have released records must destroy the arrest records, and destroy the request to destroy those records. This will mean there is no record of this event ever happening. Because of this process the incident will never show up on Mr. Tiller’s record. The benefits of having this done is that there are no public record of the event and when one is asked of they have ever been arrested they can legally say ‘no, I have not been arrested.’ Usually one can petition to clear your arrest record under PC 851.8 up to two (2) years after the later of the following: the date of your arrest, or the filing of the accusatory pleading. However, the judge has the discretion to hear motions to seal arrest records beyond these time limits if you can show good cause, which can be extremely difficult to do without the right legal representation.
This is an extremely beneficial process even though it is complicated. If one has the right layer it can help avoid many hardships in their future.
If you have questions about the criminal process here in San Diego, feel free to contact San Diego Criminal Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Lawyer