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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I just got arrested for breach of peace while having a Halloween

Customer Question

I just got arrested for breach of peace while having a Halloween party. I was polite with the police and showed no anger or aggression yet i was still charged. it is my understanding they did this because of a noise complaint. what should i do
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 4 years ago.
what is the state?
Customer: replied 4 years ago.
CT (Breach of peace 53a-181)I honestly don't understand how they could of done this... They came in without knocking came to my room where i was with my girlfriend alone and took me away as soon as i said i lived there.
Expert:  Zoey_ JD replied 4 years ago.
Customer

Breach of the peace in Connecticut is a Class B misdemeanor. Section 53a-181 reads as follows:

Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor. (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person:
(1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or
(2) assaults or strikes another; or
(3) threatens to commit any crime against another person or such other person's property; or
(4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or
(5) in a public place, uses abusive or obscene language or makes an obscene gesture; or
(6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do.

For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

From what you have said, it appears that someone must have specifically singled you out as causing some kind of a disturbance and reported your actions to the police. A complaint by a credible eyewitness would give them probable cause to arrest you. It doesn't take much evidence to get a person arrested. A reasonable belief that a crime may have been committed and that you may have been the one to commit it would be enough to provide the police with a reason to arrest you.

Why they didn't get a warrant before coming in without knocking and taking you in is a whole other matter, and if you do wish to go to trial on this case, your attorney would have the right to challenge the police conduct at a hearing to see if your constitutional rights were violated because the police overstepped their authority.

Even though you don't understand how you could get arrested for this, you are the defendant in a criminal case, and if you fail to show up at court, there will be a warrant ordered for your arrest. While I think you will be able to resolve this matter in some way that doesn't give you a record or involve jail, criminal cases can have lasting consequences, and if you can afford a lawyer, you ought to have him there on your first court date.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.


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