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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23978
Experience:  9+ years defending Misdemeanor and Felony cases.
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Just reading up on some of the other answers you gave people

Customer Question

Just reading up on some of the other answers you gave people for disorderly conduct. My child was arrested two weeks ago at Lake Mead (federal land?) for disorderly conduct and will be having a court date. We paid the $500 to get her released from jail and are waiting for the court date, but we don't really know what to expect next so was reading advise you have given to others.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Good morning. Is she a first time offender? What exactly are they alleging?
Customer: replied 1 year ago.
Yes this is her first time. She was with friends at Lake Mead and they are all over 21 (she is 22) and they were drinking and someone else came up to the campsite next to theirs. And apparently they began a dispute about the music and being in each other's space. According to what she and her friends told me, the other people phoned 911 and reported they had a gun and were threatening. (I'm not sure if this is hearsay or the truth since I wasn't there, just repeating what they told me.) The police came and searched their vehicles and arrested them even though they didn't find a weapon. I don't know the specifics other than disorderly conduct due to the fights and their having been drinking. She did take an alcohol test and was above the legal limit to drive (I think by .02) but they weren't driving, they were at the campsite so I'm not sure if that factors against her or not. They were recording the fights (on her cell phone) going back and forth between the two campsites as the 2nd campsite had an illegal seadoo in the water (certain gas output limits at this lake) but the police just confiscated her phone as evidence and still have it and informed us when we phoned about it that they were going to get a warrant to view the videos since she wouldn't unlock her phone for them. When I phone them, they will not discuss the case with me so I guess I have to wait to get a copy of the police report, which we have requested and the ticket in the mail with the court date. This is the first time we have experienced this, so I'm not sure if I am answering your questions in a helpful way or not, as I don't exactly know what to ask them or to do, but I'm very concerned about her future record with this on there and her future. She was going to Vegas to finish her degree at UNLV, she has her AA right now and I'm worried UNLV may retract her acceptance or she might not be able to get into another school or get a job in the future and if she will have to serve jail time or something due to this. Also, since it was at Lake Mead, the Henderson police department have advised this was federal land, I don't know what that means in this situation?
Expert:  CrimDefense replied 1 year ago.
Thank you for the additional information. Since she is a first time offender, the State may be willing to offer her a diversion program which she can enter into, to get the case dismissed. She can ask about this when she appears. It normally involves staying out of trouble for a period of time, paying fines and costs and sometimes performing community service. If she does everything, the State will often dismiss/drop the charge against her. Of course, she has a legal right to fight this and make the State prove the charge against her, beyond a reasonable doubt. She can raise any defenses which she has but if she wants to go to trial, should retain legal counsel to represent her interest. If your concern is her record, the diversion program may be in her best interest, since it would result in the case being dismissed.
Expert:  CrimDefense replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.
So are you saying it would be better for her to plead guilty to request the diversion program you suggested above? What if she pleads guilty hoping to get that program and then they don't offer it? Also, the policeman told her that if she took a breath test she would be released sooner so she agreed to it, but the police officers at the station said that was not true, she would still be held until we paid the $500 or until Monday (after the weekend) when she went before a judge. And now she feels since she was over the legal limit (for driving) that will be used against her and she didn't get out early due to it. Also, on the tv shows, they are always read their rights and they were not? Another issue, they were originally arrested for disorderly conduct and then after the fact on her friend's they added being drunk without advising him of this. And the officers had recommend for them to leave the campsite, but the kids knew they couldn't because they had been drinking. They feel that their rights were stripped from them right from the beginning when the party at the other campsite made the 911 call falsely stating they had a gun and that was the whole reason the police came and searched them and their vehicle and they did not have one. They also impounded their vehicle and pet without allowing them to phone someone else to come get it. Is that the standard practice? What about the fact the police have kept her phone and said they will be holding it until court date and will get a warrant to search it? This is her work phone, she isn't allowed to get it back and do they have to right to view her phone contents?
Expert:  CrimDefense replied 1 year ago.
No, I am not saying for her to plead guilty at all. When she appears in court, she first wants to inquire about this and see if it is offered. If so, she then needs to decide if she wants to enter into it or if she wants to fight this at trial, if she has defenses or the State will have a hard time proving the charge against her. Rights need to be read when a person is in custody, not free to leave and being questioned about a crime. If they never questioned her, they would not need to be read and if there was a violation, the statements could be suppressed. Her phone can be returned with a court order and they should not need to hold it, unless it contains evidence which is needed. They would have to likely get a warrant before viewing it and they could view it if needed. For a charge like this though, I find it hard to believe there is anything contained within which could help the state either but you never know what was recorded or contained within, by her.
Expert:  CrimDefense replied 1 year ago.
Did this help clarify?
Customer: replied 1 year ago.
I had more questions in there, are you not able to give your opinion on all of them or is it too many to ask at once? Is this something we can handle ourselves or is it something we would have better success of winning the case by retaining an attorney? We don't know where to begin in defending her but also don't know what the cost of something like this would be.
Expert:  CrimDefense replied 1 year ago.
I am happy to answer all your questions, just kindly ask that you remember to rate my help when we are done, so I can get credit. I think it is always in the best interest of a defendant to retain legal counsel and have them look over the facts and see what defenses are present. If there are none, they can work out plea deal and act in the best interest of your daughter. She can handle this on her own if she wanted to and if she gets concerned, can always retain counsel, as needed. You can not defend her, so its needs to be done by an attorney or she needs to do it on her own. The cost for this should be less then $1000, if the attorney includes a trial fee
Expert:  CrimDefense replied 1 year ago.
Is there anything else I can share?
Customer: replied 1 year ago.
Yes, how does she work this out on her own and then retain counsel? Wouldn't she only get one day in court? I'm confused by this. I apologize for my lack of knowledge on this, but I'm only basing my knowledge on sad to say, tv or movies as we have never experienced this before now. Based on what I have shared with you, do you feel she has a strong case to fight this? And I will be happy to rate you of course, I just thought if I did so before my questions were answered it would close my question?
Expert:  CrimDefense replied 1 year ago.
She could appear at her court date and speak with the prosecutor. She can ask what her options are and inquire about the diversion program if she is interested and wants to resolve this. If at that time she is unsure what to do or it is not offered, then she can ask the Judge for a continuance and advise she wants to retain legal counsel. The Judge will then likely allow her to come back with an attorney.