If you are arrested or charged with disorderly conduct, it is vital that you figure out if your actions actually fit the legal description of disorderly conduct. Do not accept a plea deal until you have had an attorney review your case.
The Four Categories Of Behavior That Disorderly Conduct Covers
In most states, there are four different categories of behavior that are generally covered under disorderly conduct laws. Here is a quick overview of what each of those categories are and the type of behavior that generally falls under each category.
1.Disobeying The Police: If the police issue an order directly at you that is covered under the law, you are generally considered obligated to follow their orders. However, the order the police issue needs to be clearly directed at you and needs to serve the purpose of maintaining the peace and enforcing the law to stand up under scrutiny in court.
2.Being Unreasonably Loud: It is generally accepted that there are times to be loud and times when one should not be loud. It is okay to scream when cheering on your favorite sports team, but it is not okay to randomly stand in the middle of the street and scream at night when your neighbors are trying to sleep. If you are being loud in a way that is disrupting the peace and lives of those around you, you could be arrested for disorderly conduct. In these situations, an arrest usually follows only if a warning to change your volume levels has previously been given and disregarded.
3.Preventing Movement: You are not at liberty to physically prevent people from leaving or even entering public places. If you decide to block someone's ability to move freely in a public place, you could be charged with disorderly conduct. Basically, outside of your home, you should not prevent someone from freely entering or leaving any establishment or area.
4.Unpredictable & Unsafe Behavior: You can also face disorderly conduct charges if you are acting out in a manner that is unpredictable and unsafe. For example, if you are walking around a department store and randomly jumping in front of people, yelling at people, and throwing clothing at them, your behavior would be seen as unpredictable and unsafe, and could result in a disorderly conduct charge.
Disorderly conduct charges can be very open to interpretation of the arresting officer, which is why you should contact your attorney. Your attorney may be able to show that the officer didn't actually have grounds to arrest you, and your arrest could be void before you even go to trial. Always get legal representation when you face a disorderly conduct charge. For more information, talk to a lawyer at a law firm such as Rosselli & Abramovitz, LLC.