Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I was erroneously charged with disorderly conduct, fighting

Customer Question
or violent behavior when I...
I was erroneously charged with disorderly conduct, fighting or violent behavior when I never even got out of my car, was not fighting, and was not violent, I don't have the money for an attorney
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 24 minutes by:
9/11/2015
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,129
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hello,

My name is ***** ***** I am an experienced criminal lawyer.

This sounds like what they term a he said/she said case. That is, you're claiming that one set of facts occurred while the complainant, whoever that is, reported a whole different set of facts. Disputes about facts are what juries get to determine at trial. So unfortunately, just because you know you never did what was charged doesn't mean that anyone's going to dismiss this case. It appears you've found that out already and that this case is going to be litigated.

Disorderly conduct in Iowa is a simple misdemeanor which carries a maximum penalty of 30 days in jail and/or a fine. So your maximum risk if you lose trial is a month of jail. That means you can't hurt yourself too terribly by representing yourself. But frankly, you really should have a lawyer. If you don't you will be held to the same standards as a lawyer and the judge is not going to teach you what you don't know.

If you are eligible for a public defender, then ask for one from the court, or ask for a public defender to advise you so that you don't make critical mistakes. You can also go to the local public defender's office for some hands-on how to advice.

I'm not sure what your question is but if I haven't touched upon what you want to know, please respond with a follow up to tell me.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Obviously you really have no idea what you're talking about. The judge said I was not eligible for an appointed attorney because this was not a jailable offense. I can't believe I just wasted money on this.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

I can only deal with the facts you tell me. That's why I asked you to follow up if I didn't say what you needed to know.

The statute allows for 30 days of jail. So what I told you is correct. However, if the state is not looking to seek jail time, then you have been rightly informed by the court and you're not going to be eligible for a public defender. That means you have three choices, one being to hire a lawyer, another being to negotiate some kind of deal for yourself and dispose of the case and a third being to go to trial pro se.

You still have not asked what you want to know.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I want to know how I get this dismissed. The dash cam will show that I was not fighting or acting violent. I went into the situation because a police officer from the next town advised me to go and try to resolve the situation myself. The system is so corrupt even when one is truly innocent it doesn't matter.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

Thank you.

Are you talking about the police dash cam? Have you made a request for discovery and to see the dash cam video, assuming there is one? You're entitled to see it and if it corroborates what you say, and if that is the only evidence against you, you could then move to dismiss the case on the grounds that the evidence does not make out the elements of the crime.

As I said before, however, there is likely a complainant who is saying something other than you are saying. If that's so, his or her testimony is also evidence against you. And even if it is a lie, the case may have to be litigated so that the judge hears all of the facts and not just what he sees on the dash cam.

Here are the Iowa laws regarding criminal procedure. Discovery is section 2.14

Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,129
28,129 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I recently caught in disorderly conduct i argue with the cop
hi i recently caught in disorderly conduct i argue with the cop (what happened means the restaurant while i'm drinking the alcohol were called the cops and cops show up and told me to don't to the res… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,533 satisfied customers
INTO IF I NEED TO HAVE A LAWYER FOR A DISORDERLY CONDUCT
I AM LOOKING INTO IF I NEED TO HAVE A LAWYER FOR A DISORDERLY CONDUCT CHARGE IN IOWA … read more
Expert James
Expert James
Doctoral Degree
11,542 satisfied customers
What is the fine for a disorderly conduct ticket and a
what is the fine for a disorderly conduct ticket and a criminal possession of a controlled substance in the 7th ticket?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
I am charged with disorderly conduct and resisting arrest
I am charged with disorderly conduct and resisting arrest for fighting. My case is continued, but my attorney was not able to work out an agreement with the DA in leiu of my appearing in court. I will… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
If you have a Disorderly Conduct what kind of jobs will he
If you have a Disorderly Conduct what kind of jobs will he not be able to get ? What about college will they let someone go if they have a Disorderly Conduct… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
Thank you, my son was charged with disorderly conduct. He
Hi! Thank you, ***** ***** was charged with disorderly conduct. He has a court apt tomorrow morning and we aren't sure what to plea. … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
I got a non traffic citation summons for disorderly conduct
I got a non traffic citation summons for disorderly conduct hazardous/physi off, was not arrested or anything but I pleaded not guilty, I can not afford an attorney or lawyer so at court will I have a… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
I having, I have a disorderly conduct charge in az. I was in
I have a disorderly conduct charge in az. I was in my home on the balcony bickering with my sister and a cop happenened to hear us and came up to our apartment. Found out I had a bench warrant from years ago so in was arrested. But then he gave me a dis charge. … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
I got a disorderly conduct citation for marijuana. I want to
I got a disorderly conduct citation for marijuana. I want to know what is the best course of action to take and what would show up on a background check … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
I had my first ever ticket. Disorderly conduct for doing
I had my first ever ticket. Disorderly conduct for doing something stupid. She pressed charges, and she was right to do so, and now I have a ticket. The cops were unsure if I had to appear in court. C… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I just read the info regarding disorderly conduct in for NY.
Hi, I just read the info regarding disorderly conduct in for NY. very helpful. My question is in regards ***** ***** recent problem that my husband ran into there. Long story short, he was arrested at… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
I was arrested for disorderly conduct (misbehaving it
I was arrested for disorderly conduct (misbehaving it stated);I went the the municipal court and the prosecutior reduced/amended it to a local ordinance violation of misbehaving;he said its similar to… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
I received a citation for a misdemeanor disorderly conduct
I received a citation for a misdemeanor disorderly conduct in AZ. Do I need a lawyer to represent me? I have no criminal record. … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
I have plead not guilty to a disorderly conduct charge. It
I have plead not guilty to a disorderly conduct charge. It was self defense, I don't have any other prior citations, I am a student and don't have the money for an attorney or lawyer. I just finished … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
If you are on probation and just get a disorderly conduct
If you are on probation and just get a disorderly conduct ticket will that be a violation that puts you in jail? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
I was arrested on Sunday for disorderly conduct 647.
I was arrested on Sunday for disorderly conduct 647 … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
I got a disorderly conduct with another vehicle. The guy
I got a disorderly conduct with another vehicle. The guy aperantly said I flipped him off and they found no gun on him because I called him in for waving a gun at me and I tell the passanger next to m… read more
Expert James
Expert James
Doctoral Degree
11,542 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x