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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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Experience:  Attorney
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I was recently issued a 18 5503 Disorder Conduct Hazardous/Physi

Resolved Question:

I was recently issued a 18 5503 Disorder Conduct Hazardous/Physi Off - Summary in Chester County, PA. My fiancé and I work together in her professional photography business. We were given the opportunity to do a photo shoot of "Behind the Scenes Making of a live broadcast of the Eagles game" by the production company. The day before the shoot, my fiance decided that she was going to take a vacation the day of the shoot with her girl friend and leave me to fend for myself. Well this lead to a heated argument at her house over some beers. Needless to say the cops came from all the yelling and I was issued a 18 5503 as stated above. The officer tried to get me for breaking and entering even though I have a key. After I pleaded Not Guilty, the officer stopped by my fiancé's house at 7:00 am and told her that I should plead Guilty or he will get me on other charges because he did a breathalyzer the day of the disturbance and I blew a 0.10. He gave me a ride home the night of.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 5 years ago.

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By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

_____________________________________

Answer:


You would be wise to retain an attorney for this matter. 18 PA 5503 requires that a person act with "intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof." If your disagreement took place in your home, it seems that you may be able to present a strong defense to the matter.

While I do not believe any states have any laws prohibiting intoxication at a private residence, it may be possible to charge a person with drunk and disorderly conduct.

You will want to discuss this in detail and in person with an attorney who is licensed to practice law in your state. For the officer to "get you on other charges," he will need to have evidence that you committed another crime. If he does not have such evidence, such charges should not generally yield a conviction. Further, he will first have to present such evidence to the prosecutor, who will then be able to decide whether or not to charge the alleged crime.

However, it is important that you retain an attorney to defend yourself in the current matter, as well as to evaluate the detailed facts of the case, speak to any witnesses, and evaluate any reports filed by the officer. He will then be able to help you determine whether or not the breath test or any other factors can yield an additional conviction. He will also be able to help you determine if the officer's conduct in telling you to plead guilty was unethical, as it seems it may have been so.


If you need additional clarification, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
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