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RobertJDFL
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I got a disordly conduct. I was at Walgreen waiting to get

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I got a disordly conduct. I was at Walgreen waiting to get a video. a car pulled up the back passenger banged my door. I was still in my car and said to my daughter the could at least apologize. the husband was in the driver seat opened his door and banged my driver side door. and said don't fu... talked to my wife. I opened my door and told him you should not threatin people. words wore exchanged, I told him I should just get his insurance information if that's how he wants to settle. he drove away and so did I. I was later stopped by office stating was following up on the call I was not cooperative and wanted to talk to the supervisor (I did not threaten or use abusive language. a witness said I seemed threating. nothing happened we both went our way. the police came by later to my house with a notice to appear and left
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer.

I understand the facts, but there does not appear to be a question. What specifically do you want to know?
Customer: replied 1 year ago.

this is my first offence and i cant afford a lawyer and i want to know if you think i can beat the charge since there was offensive language, i just appeared threating. what should i do.

Expert:  RobertJDFL replied 1 year ago.
Thank you for your reply.

Here is the statute (law) in Kansas:

Statute 21-4101: Disorderly conduct.

Disorderly conduct is, with knowledge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace:

(a) Engaging in brawling or fighting; or

(b) Disturbing an assembly, meeting, or procession, not unlawful in its character; or

(c) Using offensive, obscene, or abusive language or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others.

 

Disorderly conduct is a class C misdemeanor.


Not knowing what was exactly said or exactly what happened, as I didn't witness it - it is hard to say if you could beat it. The way the law is written, however, it doesn't take much -- if offensive, obscene or abusive language was used or your words or actions caused the other person to be alarmed, that is enough to be found guilty. You state that you appeared threatening - if the person was alarmed/fearful, and the prosecutor can establish that beyond a reasonable doubt - you can be convicted.

Your first appearance should be a reading of the charge and entering of the plea. I would suggest you plead not guilty and ask that you be appointed a public defender as you cannot afford a private attorney. I would not try to represent yourself on a criminal charge. While the maximum penalty if convicted is up to 30 days imprisonment, jail time is highly unlikely. You would more likely be sentenced to probation. That said, you do not want a conviction on your record at all if you can avoid it, and it's possible that a public defender could negotiate with the prosecutor to have the charge dismissed.



RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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