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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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After hurricane Ike on Sept 15, my daughter went to the mall

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After hurricane Ike on Sept 15, my daughter went to the mall with three friends. The police saw them, and told them to go home. They tried to say that they had to go home because of the curfew. Curfew was at 8:00pm, and it was only 6:00pm. My daugther and friends were walking away from police. She said to her friend (not knowing the police could hear), f------ cops. The police arrested her. for DOC - language. They put her in a cell they told her was haunted by a guy who hung himself in that cell. They were very verbally abusive. Do I need an attorney to fight this? She is 18. Is there really a law against this in Humble, TX municipal?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

what do you mean by DOC? as in

The police arrested her. for DOC - language.

Customer: replied 5 years ago.
I would have to assume, Disorderly Conduct. They arrested her. Court appearance shows City of Humble Municipal Court (not JP). They told her it was for disturbing the peace.
Expert:  P. Simmons replied 5 years ago.
Thanks

Here is the law in TX

Tex. Penal Code § 42.01 (2007)

§ 42.01. Disorderly Conduct

   (a) A person commits an offense if he intentionally or knowingly:

   (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

   (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

   (3) creates, by chemical means, a noxious and unreasonable odor in a public place;

   (4) abuses or threatens a person in a public place in an obviously offensive manner;

   (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

   (6) fights with another in a public place;

   (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

   (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

   (9) discharges a firearm on or across a public road;

   (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

   (11) for a lewd or unlawful purpose:

      (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

      (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or

      (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.

(c) For purposes of this section:

   (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and

   (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.




From your description her conduct was not a violation of this statute. I think the police need to get a thicker skin.
I recommend that you get an attorney, since I think, again based on your description, she can win this in court. In fact, I suspect that when the prosecutor reads the file, the may dismiss at the arraignment



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.

P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26124
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
What is a reasonable fee for this type of case? I want to make sure I get a good attorney, but I have seen fees all over the board. I don't want the cheapest necessarily, but I have heard that the most expensive doesn't mean the best either.
Expert:  P. Simmons replied 5 years ago.
I would guess $1000 or less to start out...I suspect that if this never goes to trial it will not take much work

NOw, if it goes to trial, I would add another $1000 or so.


I would start here

http://www.texasbar.com/Content/NavigationMenu/Additional_Information_For_The_Public/Selecting_a_Lawyer/Lawyer_Referral_Information_Service/Lawyer_Referral_Information_Service.htm



Thank you for accepting and let me know if you have more questions

P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26124
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 8 other Criminal Law Specialists are ready to help you

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