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Thank you, my son was charged with disorderly conduct. He…

Customer Question
Hi! Thank you, *****...

Hi! Thank you, ***** ***** was charged with disorderly conduct. He has a court apt tomorrow morning and we aren’t sure what to plea.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He was drinking with friends in Tempe and doesn’t remember much. He resisted arrest and was out in jail over night.

Submitted: 7 months ago.Category: Criminal Law
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Answered in 5 minutes by:
10/6/2017
Criminal Lawyer: RobertJDFL, Lawyer replied 7 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,796
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Criminal Lawyer: RobertJDFL, Lawyer replied 7 months ago

Hello,

Since a defendant has the presumption of innocence until proven guilty in a court of law, it is the state, through the prosecutor's office, that has the burden of proving him guilty. There is no benefit to a person simply showing up and pleading guilty at their first court appearance without having had (in most cases) the opportunity to consult with a lawyer fully or to request the evidence, called "discovery" that the state has.

He needs to plead not guilty. The court will then ask if he plans to get a lawyer or if he cannot afford counsel. If he cannot afford an attorney, the court will arrange for a public defender. The case will then be scheduled on the court calendar and the next hearing scheduled at a later date. Once he has an attorney, his lawyer can talk to him about what happened and get the evidence that the state has. With that information, they can then decide with your son what the best course of action is -there may be defenses he doesn't know he has or the case may be very weak and worth fighting. If the case appears strong, his attorney can still try to negotiate with the prosecutor to reduce the charge or limit the penalties against him should he reach a plea. If he reaches a plea, he can always change his plea to guilty at a later date.

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Criminal Lawyer: RobertJDFL, Lawyer replied 7 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating as experts are only compensated for our time and efforts once you do so. Thank you.

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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).

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