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Disorderly Conduct Law

What is disorderly conduct?

Disorderly conduct is a criminal charge in most states. In most cases disorderly conduct makes it a type of crime to be drunk in public, to loiter in certain places, or to disturb the peace. There are several unruly conduct charges that may fit the definition of disorderly conduct and such statutes are often used as a catch all type crime. When people are behaving in a disruptive manner, the police may use the disorderly conduct if they present no other danger. Disorderly conduct is classified as a violation or a misdemeanor in most cases. The punishments for disorderly conduct may vary from state to state. To find more information about disorderly conduct read below to find Expert answers.

In the state of Illinois, if a person is arrested for disorderly conduct but feels they are innocent, should he/she hire an attorney?

In the state of Illinois, the only way for a person to prove his/her innocence is through the criminal justice system. If the person feels that he/she is innocent, then hiring an attorney to present the facts to the court. If indeed the facts show that the person is innocent, then he/she would need representation to properly show the court and prosecutor the facts of the case. If the person did go into court and was not represented by an attorney, then was found guilty, then the person may face a punishment that he/she could have avoided if they had an attorney.

If a child is charged with disorderly conduct for watching a fight at school, should he/she take a plea bargain or try and fight it in court?

If all the child was doing was watching and not participating, then he/she should wait it out and take it to trial. If there are other children involved then the parents should all get together with all the attorneys and coordinate their defenses.

How should a person proceed with a domestic violence-disorderly conduct charge when he/she works for a state agency and the other person involved does not want to press charges?

With a domestic violence-disorderly conduct charge the state is considered to be the victim, not the other person involved. If the District Attorney contacts the person, he/she more than likely, will not discuss the case due to being afraid of violating the person’s 6th amendment right to council. The person would need to hire an attorney to represent then and try to negotiate a refusal of the charges or to get the charges dismissed through the District Attorney.

Can a Disorderly conduct charge be suspended or dismissed without going to court?

The person would need to hire an attorney to negotiate with the District Attorney to try and get the case dismissed or deferred. If the case is deferred, then the person would need to show up in court, but if the attorney can get the District Attorney to drop the charges under the basis of not enough evidence or that it would be a hassle to take the case to trial, then the person wouldn’t have to be in court for that.

Regardless of the reason, a disorderly conduct charge may cause several issues for the offender including, loss of job, difficulty finding a job, loss of other assistance, and making the offender’s life more hectic. The offender or even the victim may have several questions regarding the charges or how to handle the charges and consulting an Expert can help clear up the questions one may have.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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4 Criminal Lawyers are Online Now

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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Disorderly Questions

  • My son was arrested in Excelsior Springs, the judge has not

    My son was arrested in Excelsior Springs, the judge has not offered a public defender on his behalf, and is looking at 3 months in jail. I am his mother in Calif.
  • Hello- I ran a background check on one of our employees and

    Hello-
    I ran a background check on one of our employees and they have "Disorderly Conduct Hazardous/ Physical Offense" on the record. It is in the state of Pennsylvania and under final charge type it doesn't state either it is a misdemeanor or felony. Although, the outcome was conviction and the offender pled guilty.
    Can you please help me with this? Is this charge indeed a misdemeanor or a felony in the state of Pennsylvania?
    Thank You!
  • My sister-in-law and brother had a verbal altercation, he called

    My sister-in-law and brother had a verbal altercation, he called her a bad mother, so she had him arrested for disorderly conduct. (though I'm sure she did some lying to get it to the point of arrest since DC is usually a "go your separate ways tonight, or a ticket kind of thing.)
    She and I had some angry words about the incident as well and I told her never to contact me again or I'd call the police for harassment. (she is a police officer herself).
    My brother stated that the entire police department (who she works for) had surrounded his son's school and locked it down on the threat he was going to kidnap the kids. And after the first day when the entire department on duty were out there interviewing the school and trying to entrap my brother to re-arrest him for attempted kidnap... (Even though he actually had no restraining order, no emergency custodial arrangement in favor of the mother, and he was the primary custodian since his wife worked 5 days a week, and on the 2 days off abandoned the family - so they had no right to keep him from his children...) but after the first day, they had a squad stationed at the school from open till close for 3 days.
    After my sister-in-law went back to my brother, he asked her why she would even entertain such a ridiculous notion... and she stated explicitly that I was the one who said it in a text message. I told her my brother was going to kidnap the kids, and take them to where I live (out of state) and she'd never see them again. When he asked if she told the cops this, she said yes, because she has proof. She wouldn't let him see it though since he still has a pending criminal Disorderly Conduct case hanging over his head. (the DA still has not charged him. No one knows what's going to happen yet.)
    For over a month she insisted that it was me who told her he was going to commit the crime, and that I would be an accessory to the crime by keeping the kids here. And she used that lie to get the entire department, WHO SHE WORKS FOR, to lock down my nephew's school for several days.
    My entire family and her entire family believed I did it. I was called "Vile", "foul mouthed", that I "spewed venom and bile"... (her friends/family). My family were yelling at me for potentially getting my brother into more trouble by saying that... my brother was mad saying he could have gotten re-arrested based on that lie... And nothing I said could make them believe I DIDN'T do it.
    I lived in that area for over 30 years. I've only lived where I do now for 5... so my history is there. And with one lie, the police - the school I attended where my nephew now goes - my family - her family and friends - they all thought I did this. I ended up in therapy. I tried to subpoena my texts and Facebook posts to prove I didn't do it (I had since deleted them), but unless I was in the middle of litigation they said I couldn't get them. I was so stressed I was vomiting daily.
    Finally my brother called and told me I didn't need to get a lawyer to get my records any longer... I needed a slander lawyer because she admitted the threat never happened. 6 WEEKS LATER.
    Do I have a case for defamation/Slander?
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