Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Disorderly Conduct Charge?
Find answers to your legal question.

Disorderly Conduct Charge?

Ok Well here's my story. Two Nights ago me and my brother were drinking in my house, Me and My brother stepped outside to listen to a cd in my truck, (IN MY DRIVEWAY) My brother was in the driver's seat, I was in Passenger, We put the keys in the ignition turned it back for the stereo, bout that time we seen flashlights comming up behind us. I grabbed keys and put them under my seat. Cops gave my brother a sobriety test and then Arrested him for DWI (still remember PRIVATE PROPERTY) I was just standing there, My brother told me to get him out of jail I said Ok. then the cops told me they were searching my truck and while they did, they were placing me in hand cuffs and putting me in the back of police car. I was NOT under arrest. Me and My brother were laughing about it (we had been drinking) My door swings open. one of the cops grabbed me out threw me up against the car and said I was trying to escape! (I wasn't) He called me a b*tch told me grow up. Took us to jail. The Police would not let us make bail. They would not even tell me what I was charged with. They wouldn't give us their names. They never read us our rights, They never asked to search my truck, They wouldn't let me talk to a lawyer EITHER!!! about 14 hrs later, they tell me I have to go to court. They tell me if I plead Not Guilty I won't get out of jail til they can set up a trial (I have two kids and a hubby in Iraq) (kids were at Granny's through this all) I had to plead guilty I didn't have a choice! I had to pay my ticket before I left the jail. My brother was charged with DWI, No insurance, and Disorderly conduct. but the judge dropped 2 and he was only charged with DWI. Now I know this doesn't seem like cops I know. I have never been in trouble with law. NEVER!!! (Oh and I have insurance on my truck!) Now should I get a lawyer, I heard I have 30 days to change my plea! Please any help would be great! Thanks Then today when I left my house. There was a cop parked across the street like he was watching my house. I DON'T USE DRUGS I DON'T ALLOW THEM IN MY HOUSE. I HARDLY DRINK EVER. I WAS HAVING A BAD DAY...THERE IS NO OTHER PART OF THE STORY. THAT IS THE WHOLE STORY!!!! i NEVER ONCE YELLED AT THE OFFICER. WHEN HE THREW ME UP AGINST THE CAR AND PUT THE CUFFS BEHIND MY BACK. I TOLD HIM HE WOULD BE HEARING FROM JAG. I NEVER RAISED MY VOICE! I have no idea either...they just showed up like 5 seconds after we walked out. they were parked down the street behind a store. when they arrested my bro. they pulled a cop car down there. I am, getting a copy of police report. i wanna know what happend. this is my whole story. there is no other story. there was NO loud music! NO one was yelling and no one cussed no one raised their voices!

Girl you good compared to my case you just made them mad by laughing charges will be dropped. But me myself i know my rights he didnt have cause to search your car and since you didn't say what wa needed they proceeded you will be alright i'm not a lawyer and i know your case close wish mines was as simple as yours.

Well, someone probably called the cops on the both of you. Was the music too loud ?? Despite that fact that you were on private property, by being intoxicated and being in a vehicle, shows intent that there was the possibility that you were going to drive the vehicle. The cops were obviously aware that the keys were removed from the ignition. That's the bottom line. Whatever happened after that is a one-sided story. Sorry but, that's how I view this situation.

David L
If someone is intoxicated and sitting in the driver's seat in a vehicle, he technically has control of the vehicle and can be charged. Private property really doesn't enter into it because he was behind the wheel. Searching the car is legal because it is a search incident to arrest and can be done without permission. As far as the police telling you that you had to plead guilty or you won't get out of jail. That's bull. Once you enter a plea, bond is set and you have the chance to make bond to get released. Putting you in handcuffs while they searched the car is okay even if you aren't under arrest. they will sometimes do that because they have no idea who you are, and its done for their own protection. You do have the right to a phone call after the booking process is complete. That is your constitutional right and you can fight that. I guess where I have a problem is that you walked out of your house to listen to the radio and all of a sudden there were flashing lights. How did the police know you were there? Why would they have come up behind you for just listening to your radio. After 10 years as a cop, I tend to think there is a lot more to this story.

1st of all, throwing the keys under the seat did you know good at all, you could and were or your brother was still in control of the vehicle, all that had to be done was pick up the keys. I do believe as Paul Harvey say's there's the rest of the story. I can just imagine what would have made the officer call you a "she dog", it had alot do do with comments not listed i am sure however, now the law reads in most states that if a passenger or passengers are intoxicated as well as the driver, then all passengers can be charged with public intox. if you were on private property, and complaints were made probably by the neighbors about the music, then you forgo the right of privacy on private property. if the officer had reason to believe that you had operated or was in control of the vehicle and you or big brother were behind the wheel the ching ching to jail you go, also as a matter of liability once a officer responds he has the obligation by law to protect the public from you and you from yourself, if left at the scene while intoxicated by law enforcement and you walk out in the road or are standing in the yard and get run over by a bus then the officer is liable, not me say's the girl in blue your goin to jail, by the way ever heard of a in home cd palyer boom box computer etc. could'a saved a lot of trouble for you and a lot of paperwork for the officer.

from the little info that you gave, your brother was in control of the vehicle so DWI charge is legit. Your driveway is no longer considered private property when the police are there. Putting a passenger in the back of the vehicle is 100% acceptable for the officers safety. I'm not real sure as to what you were charged with, disorderly conduct or attempted escape or what? If it was DC all they have to do is find one other person that heard you being loud or whatever and they got you on that charge; it could be as simple as any neighbor opening the door to see what all the comotion was. If they charged you with attempted escape you might be able to beat that one since you were only handcuffed for their safety and not actually under arrest. As far as reading you your rights and a lawyer, Were you questioned and interriogated about this crime? If they didn't question you other than finding out your name and what you are doing then there is no requirement to read someone Miranda rights. And having a lawyer during questioning is part of Miranda. from the sound of it, you were placed into custody until the next day when you went to first appearance which is what happens in pretty much all jurisdictions. And there is typically only one judge on duty who works weekends for first appearance purposes only. He is not there for trials and everything. Blame it on the judges for only working M-F and no holidays.

i think that if the keys are in the ignition that it is considered a DWI, even on private property, but this could vary by state possibly. as for a disorderly conduct charge, i don't think that would hold up, unless there is more to the story.

Well the DWI part is right cause if ur in a car and u fail the test, whether or not u drove anywhere ull get arrested. Disorderly conduct is a slap on the wrist and will probably get dropped anyway. For the conduct charge you should only spend up to a night in jail.

Tell the arresting officer to give his version of the incident on here. I bet there's something missing!

wow. sounds like yall had a fun night. http://answers.yahoo.com/question/index;_ylt=At.l8bMRpEnIvxNwatFJiIjOxQt.?qid=20070714134437AAKqrEZ&cp=3&tp=4#all-answers&tnu=92

Flower Girl
Sounds like we are only hearing part of the story, yours.

Legal Discussion Forum

 should pedophiles and rapists be sterilized?
I think at the very least they should be sterilized. There is no treatment or "cure" for being a pedophile and the damage they do to their victims lasts a lifetime. Not only that, but some ...

 Where does "freedom of speech" end spreading of hate begin? How is hate defined, and who gets to decide?
How do we define things like hate speech, hate literature, etc. We all know that harming someone physically, targeting people, and trying to encourage violence or unlawful acts against people are ...

 Is infanticide illegal in Canada?
I think that infanticide is illegal, but what I would like to know is the details. When and why is it illegal?...

 why do pedophiles go after kids?
I mean like,why target a child?...

 Isnt Execution technically murder?
Really you have intent to take the life of a human being Is that true?...

 Do you find the age of consent offensive in some ways?
The age of consent in Canada is supposed to go up from 14 to 16. But if the parents of the teenager know about the relationship, then isn't it their buisness?...

 Are you for or against gay marriage/gay rights and why?
Just want other ...

 What does it mean when a lawyer tells you they need a retainer?
what the ...

 Has a crime been committed?
Let's say you're married. Let's say while you're married, your spouse has an affair with another man that leads to a pregnancy. Let's say your spouse tells you the child is ...

 Was the war in Iraq justified?
Considering the US went in to find weapons of mass destruction (where are they?) and instead caused mass destruction themselves. Is the war justified? Why? If not, should the US pull out NOW? I...

 Death penalty?
If you are pro-death penalty, do you have proof that it deters crime? Compared to other nations like Canada, even when adjusted to population they have 1/10 the murder rate as the US. How do A...

 Why not video tape on duty cops or follow them via the new satellite spy programs -?
http://ca.news.yahoo.com Here is an article about the new domestic spy program to be used by the US on US citezen's Why not follow all cops on duty and ...

 Is oil too cheap or too expensive?

 is it legal for my parents to charge me rent when i start working?
Canadian laws in British Columbia......

 Do you think the day will ever come........?
When Canadians will have the same rights and freedoms as our American Neighbours? Eg. The right to bear arms, The right to defend yourself and your family and quit being victims/targets. The right to ...

 If I were Pedophile (paedophile)(pederast) ....?
if I were a pedophile ... what would you want too see me use as a means of controlling my urges? Castration? or... Euthanasia? note: *** try to be grown up when responding ( no pun ...

 Does being charged with possession make border crossing difficult to USA from Canada?
My 23 year old nephew was charged with possesion of 34 gm of Marihuana and is trying to decide if he should be hiring a lawyer or just pleading guilty. What are the ramifications of a guilt plea? T...

 Why is abortion legal? If you can't kill other people that try to dicate your life- ?
then how can you justify killing a small unborn baby because you will be pregnant for another 7-8 months? It seems the epitomy of selfishness...and how can you not consider it murder?...

 Catholics: Do you think that abortion is an unjustified Moral crime even in cases of Rape?
That is what Cardinal Ouelette says, and he got promoted for it. http://www.cbc.ca/world/...

 If all drugs were legal what would happen?
Cons : the worst that would happen is that there would be a spike in death overdoses of people experimenting for the first time. After that things would go back to normal not significantly more &...

Copyright (c) 2009-2013 Wiki Law 3k Sunday, February 14, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links