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David Coleman
David Coleman, Lawyer
Category: Criminal Law
Satisfied Customers: 1105
Experience:  BEc(SocSci). LLB (Usyd) - 5 years of Work Experience
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My Son at California Univ. was out and his friends were

Resolved Question:

My Son at California Univ. was out and his friends were arrested and according to him "He just ask the Police Officer..When can I pick up my Friends" and they arreested him..I am sure there was a little more to it than that....
Submitted: 9 years ago.
Category: Criminal Law
Expert:  David Coleman replied 9 years ago.
What was he charged with?
Customer: replied 9 years ago.
Customer: replied 9 years ago.
Reply to ***** *****'s Post: Failed to Disperse
Expert:  David Coleman replied 9 years ago.

Dear Madam,

I have attached the relevant laws below. Essentially it is within the discretion of the judge to determine an appropriate sentence within certain guidlines laid down by law (under title 303 of the PA code). The gravity of the offence, a prior criminal record and some other special considerations are usually used. These charges both related to misdemeanors (which are not very serious), failure to disperse is a second class misdemeanor and disorderly conduct is a third class misdemeanor. This would give an overal 'gravity of the offence score' of 3. It is very difficult to give an estimate of the exact fine a judge may impose. I think it would definitely be in your interests to see a local attorney about this. I have attached the details of one below.


***** *****

Local Attorney:

Harry J. Cancelmi
Attorney at Law

54 North Morris St., Suite 1
Waynesburg, PA###-##-####br />Phone:(###) ###-####br />Fax:(###) ###-####/p>

§ 5502. Failure of disorderly persons to disperse upon official order.

Where three or more persons are participating in a course of disorderly conduct which causes or may reasonably be expected to cause substantial harm or serious inconvenience, annoyance or alarm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a misdemeanor of the second degree.

§ 5503. Disorderly conduct.

(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

  1. engages in fighting or threatening, or in violent or tumultuous behavior;
  2. makes unreasonable noise;
  3. uses obscene language, or makes an obscene gesture; or
  4. creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

(b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

(c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.

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