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I was charged over the weekend with a disorderly conduct…

Hi. I was charged...

Hi. I was charged over the weekend with a disorderly conduct intoxicated in a public place. I spent the night in jail and posted so I was released the next morning.will I face further jail time?

Lawyer's Assistant: In what state did this occur?

I’m in Ohio

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

No I’m supposed to call to find a court date tomorrow morning

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

I don’t think so.

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1/16/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,856
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Do you have any prior criminal convictions?

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Customer reply replied 7 months ago
I do. I have alcohol related incidences. I had a OVI about 4 years ago and I had a disorderly conduct about 6-7 yrs ago.
Customer reply replied 7 months ago
I’d rather go through this messenger for right now.

Typically, you would not face jail time for these crimes unless you have previous convictions and have regularly served jail time. With alcohol-related priors from years back, an offer of probation would be likely. In that way, the state could force you to address your drinking issues.

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Customer reply replied 7 months ago
What if I offer to go to counseling on my own? Is that probable?
Customer reply replied 7 months ago
Or is it probable they would leave me out of the probation system and not force me?

It would be a good idea to get yourself into counseling or a program now before you even go to court, even if it's just AA meetings. It will help your lawyer to negotiate something. The court is likely going to want to monitor you, in my experience, depending upon the facts of the disorderly conduct charge. The more out of control you were, the more likely they won't just let you pay a fine or do community service.

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Customer reply replied 7 months ago
As far as counseling goes. Does it have to be an alcohol counselor or can it be a psychiatrist?

It could be either. A psychiatrist would be capable of addressing this problem and more, so if you feel the drinking is part of a bigger picture, then that sort of counseling would be more helpful to you. Either way, it shows the court that you are willing to take responsibility for your actions and to try to prevent further difficulty with the law.

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Customer reply replied 7 months ago
Ok. I think I’d rather see a psychiatrist than to go to alcohol counseling. Also am I able to just speak to the court and see what they offer me or do i need to have an attorney when I go there?

What concerns me is that you had to make bond to get out. That tells me that this time around the system may not be looking to do you any favors. You may need a lawyer to push for you to avoid an offer involving jail.

Many prosecutors won't speak to an unrepresented defendant except on the record before the judge. That protets you too, since anything you say to the prosecutor can be used against you. So you can show up in court without an attorney, plead not guilty at your arraignment to keep your rights open, and just ask the prosecutor and the judge whether they have an offer for you. If you like it, as you already have a criminal record, you can accept it. If you don't like it, you can propose something you like better. If they say no, that's when you can tell the judge you want a continuance to come back with a lawyer.

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Customer reply replied 7 months ago
once I say not guilty I just turn to the prosecutor and ask them what their offer is? Or will they tell me exactly what I will be facing with as far as punishment?Also. How else would I get out if I didn’t pay something to get out? I thought by me paying it would expedite the process so i wouldn’t stay in until the next day, which would be Tuesday since today was a court holiday.

They could have just held you until you sobered up and let you leave. They didn't. They set bail on you.

Yes. You could call the prosecutor and ask for a deal. If he or she won't deal with you on the phone, then yes, after you plead not guilty you can just turn to the prosecutor, let them know you've started counseling because you'd been out of trouble for a long time and ask if there is an offer for you. If you know what offer you want, you can just ask for that. e.g: "Can I get probation?" or "I'd do community service or pay a fine, judge."

There are no magic words, so long as you're respectful. They will make you an offer. Then if you don't like it, your fallback position is, "Can I have a continuance? I'm not sure and I think I need to consult with a lawyer." You have a right to counsel on a criminal case, and the judge will give you another date.

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They could have just held you until you sobered up and let you leave. They didn't. They set bail on you.

Yes. You could call the prosecutor and ask for a deal. If he or she won't deal with you on the phone, then yes, after you plead not guilty you can just turn to the prosecutor, let them know you've started counseling because you'd been out of trouble for a long time and ask if there is an offer for you. If you know what offer you want, you can just ask for that. e.g: "Can I get probation?" or "I'd do community service or pay a fine, judge."

There are no magic words, so long as you're respectful. They will make you an offer. Then if you don't like it, your fallback position is, "Can I have a continuance? I'm not sure and I think I need to consult with a lawyer." You have a right to counsel on a criminal case, and the judge will give you another date.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,856
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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