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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 444
Experience:  Attorney and Counselor at Law
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I was served a disorderly conduct complaint 30 days after alleged

Customer Question

I was served a disorderly conduct complaint 30 days after alleged incident when I tried to look up said ordinance what they wrote down has nothing to do with said charge. What is the chance of this being thrown out?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 6 months ago.
Hello. I will help you with your questions. I have been an attorney for 26 years.To be charged with disorderly conduct in Kansas the prosecutor would have to prove the following:21-6203. Disorderly conduct. (a) Disorderly conduct is one or more of the following acts that the person knows or should know will alarm, anger or disturb others or provoke an assault or other breach of the peace:(1) Brawling or fighting;(2) disturbing an assembly, meeting or procession, not unlawful in its character; or(3) using fighting words or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others.(b) Disorderly conduct is a class C misdemeanor.(c) As used in this section, "fighting words" means words that by their very utterance inflict injury or tend to incite the listener to an immediate breach of the peace.History: L. 2010, ch. 136, § 181; July 1, 2011.If your conduct 30 days ago had nothing to do with this law and they cannot prove each and every element of this crime, then you can make a motion to dismiss your case. Please let me know if you have more questions, I will be happy to help more. If you are satisfied with my service, please rate me.