The Connecticut charge of Disorderly Conduct in violation of Conn. Gen. Statutes Sec. 53a-182 is perhaps one of the most frequently utilized charges used by Police to cover a wide range of situations and behaviors. It is also a very commonly used statute in domestic violence arrests. It is one of the most actively cited statutes for which arrests occur in Stamford and throughout Connecticut. Disorderly Conduct covers a huge variety of actions, everything from a domestic violence dispute, a bar fight, a fight in the park to a road rage outburst. Because it covers so many different kind of behaviors is known to lawyers as a “catch all” statute. Disorderly Conduct is a class C misdemeanor punishable by up to 3 months in jail and a $500 fine. Do not let the relatively low level of this crime or the fact that it involves what seem like some trivial actions catch you off guard about the serious consequences that come along with a conviction for Disorderly Conduct. A conviction for Disorderly Conduct would leave you with a criminal record, make you ineligible for many diversionary programs in the future, you could face possible jail time and probation, fines and difficulty securing future employment. So, If you have been charged with Disorderly Conduct you should seek the legal advice of a Stamford Disorderly Conduct attorney at the Law Offices of Allan F. Friedman who can build the best possible defense strategy and work to have the charges dismissed or reduced.Why Choose the Law Offices of Allan F. Friedman?
- Disorderly Conduct arrests don’t happen 9-5 ; so we are available 24/7 to help you
- 25 years defending Disorderly Conduct charges
- We fight to defend you and focus on results
- Free initial consultation
- Reasonable rates and payment plans available
- Our core belief is “the Client comes first”
Disorderly Conduct in violation of Conn. Gen. Statutes Sec. 53a-182 is a class C misdemeanor. The crime itself requires an element of a mental intent or a reckless disregard to “cause inconvenience, annoyance or alarm... “ combined with a second element of one of the following acts:
- Fighting, or in violent, tumultuous, or threatening behavior
- By offensive or disorderly conduct, annoys or interferes with another person
- Makes unreasonable noise
- Disturbs any lawful assembly or meeting of persons
- Obstructs vehicular or pedestrian traffic
- Congregates with other persons in a public place and refuses to comply with a reasonable official order to disburse
- Being a peeping tom
We can clearly see that this statue could be very commonly employed in many situations where arguments and fights break out even within your own home. If 911 is called to investigate a fight or argument between parties, if it is a non domestic situation the Police have a lot of wiggle room on how they will handle the situation and often will try to avoid making arrests if everyone calms down. However in domestic violence calls the Police are required by law to arrest everyone involved so that is a totally different situation which then opens up a whole new can of worms with protective orders, conditions of release and seemingly endless Court dates to get the case resolved. If you have been charged with Disorderly Conduct in context of a domestic violence arrest you should immediately contact a top Stamford domestic violence attorney to help guide you through the process and work to minimize the consequences.Defending Disorderly Conduct Charges A. Non Domestic Disorderly Conduct Charges
If you have been charged with Disorderly Conduct you should contact a Stamford criminal defense attorney with 25 years of experience in the handling of Disorderly Conduct cases at the Law Offices of Allan F. Friedman. Contact us today for a free initial consultation.
Often Police may decide not to go drive you downtown to the Police Station and “book you” on a Disorderly Conduct charge. They simply just may issue you a summons instead. Do not be confused this is also an “arrest” and you will have a criminal arrest record as a result. You have just been charged with a crime and MUST appear at a Court date to be arraigned on the charge of Disorderly Conduct.
All of the best criminal defense lawyers in Stamford will agree that the good news about Disorderly Conduct charges is that this kind of case lends itself to wide range of possible resolutions which are very favorable and all of which should leave you with no criminal record if properly executed. The most important step is to contact a top Stamford criminal defense attorney to have an in depth review of all of the circumstances and details of your arrest and then develop a plan to resolve your charges.
The next step is after your lawyer obtains the police reports and discovery from the State’s Attorney, is for your attorney to carefully to review all of the witnesses statements and the Police report (which often is not entirely accurate). Armed with this information, your Stamford criminal defense lawyer will then be able to counsel you on the ideal plan to resolve your case. Usually with Disorderly Conduct cases we can contact the other party(s) involved of if they have also been arrested speak to their counsel and agree on mutual nolles meaning both sides agree to drop all charges. In many cases the State’s Attorney office is willing to consider these type of negotiated solutions in these Disorderly Conduct cases. Often we have been able to work out a dismissal of all charges in exchange for community service hours. Based on the circumstances of a case a reduction of the charges to the noncriminal infraction of creating a public disturbance may a way to avoid a criminal record while maintaining your option to use the accelerated rehabilitation program opportunity in the future. The accelerated rehabilitation should only be used as a last resort with a charge as minor as Disorderly Conduct for first offenders, and then only after every other possible alternative means of resolving the case has been explored.B. Domestic Violence Disorderly Conduct Charges
What is a Domestic Violence Criminal Matter?
Domestic violence criminal matters are cases which occur in which the parties have one of the following types of relationships:
- Civil Union / Cohabitant
- Parent of common child or Victim’s Parent
If your relationship falls into one of these categories then any crimes of violence that you commit between the persons to whom you are related in those categories would be considered as “domestic violence crimes.” It should be noted that there is no specific crime in Connecticut of “domestic violence” per se, rather the crimes are the specific crimes such as assault, breach of the peace, threatening and Disorderly Conduct, for example and they are then classified by the Court as “domestic violence” matters and handled on the separate “domestic violence docket.” It should be noted that this is an important distinction because cases which get transferred to the “domestic violence docket” carry much more serious consequences and are much more difficult to resolve. If you have been charged with a domestic violence crime you should immediately seek the counsel of a Stamford domestic violence defense attorney at the Law Offices of Allan F. Friedman.The 911 Call and the Disorderly Conduct Domestic Violence Arrest
If the Police are called to respond to a domestic violence call they are required to investigate for signs of any physical attack and interview any witnesses about what they may have seen or heard. No one has to say that they want to “press charges.” By law if the Police find probable cause that a crime occurred they are required to make an arrest. This is called our “mandatory arrest” statute. It will not matter if the victim tells the Police that they do not want to press charges or they want to drop charges. Even more alarmingly arrest statistics show that in up to 30% of Connecticut domestic violence arrests the Police will make so called “dual arrests” Yes this seems very bizarre, however , the victim of a domestic violence crime who called Police for help is very likely to also be arrested right along with the primary aggressor.
If you are arrested for the crime of Disorderly Conduct in a domestic violence situation you will be served at the time of your arrested with a mandatory temporary protective order that will stay in effect until your Court date the NEXT DAY. In many situations this temporary protective order may prevent you from returning to your home or contacting the victims until the Court hearing the next day. It is very important that you follow the terms of this temporary order as a violation of the temporary protective order is a very serious felony. The best advice at this stage is to consult with an experienced Stamford Disorderly Conduct domestic violence defense attorney who can prepare you for what to expect at your Court hearing the next day and also take steps to protect your rights and minimize the potential consequences of any orders that the Court may impose the following day.Mandatory Next Day Arraignment in Court
When you are arrested for a charge of Disorderly Conduct in conjunction with a domestic violence case you will be required to appear in Court the following day that court is open. This is a law in Connecticut and part of the strictly regimented domestic violence crimes procedure in our State. You should retain the services of a top Stamford domestic violence defense attorney to represent you during this crucial first Court appearance during which some very important decisions are going to be made by the Court which will have a profound impact upon your future.
State law requires that all parties arrested on a domestic violence charge must meet with and be interviewed by a family relations officers and screened. Keep in mind that everything that you say can and will be used against you so it is always the best procedure to have a Stanford domestic violence defense attorney with you to protect your interests in one of these interviews. Based upon the facts as reported by the Police and what is stated by the parties then the family relations officers will make recommendations to the Court. There are several matters that they will be providing input upon. The first being the possible need for criminal restraining / protective orders. The second being the type or level of criminal restraining / protective order which should enter. And the third being whether the case should be referred to Family Relations for monitoring and any conditions of release that Family Relations may deem appropriate.
The criminal restraining / protective orders that issue during your arraignment can vary from an order stating that you should not harass, assault or annoy the other party which is known as a “limited” protective order to a “full” no contact order. The most restrictive and extreme order is a residential “stay away” order that excludes you from entering your family home until the case if finished which could take at least several months. These “stay away” full protective orders result in your immediate need to relocate to a new place to live and could result in a significant expenditure in hotel or rental fees. If you have children they can totally disrupt your children’s lives and cause tremendous inconvenience. This is why is it imperative to retain a top Stamford domestic violence lawyer to accompany you at the critical first court hearing date fight to reduce the severity of any restraining / protective orders which may be issued.
Also, in many cases the office of Family Relations will recommend that parties engage in anger management or substance abuse classes or programs during the pendency of the case. All too often by the time clients realize what has just happened when the Court makes the referral to these kind of “treatment” providers it is too late. Very often these programs only offer day time classes which impose serve hardships for people who work, particularly those who work in New York City. For this reason it is important to have an experienced Stamford domestic violence defense attorney by your side during your court hearing to argue against the imposition of any programs or conditions of release which may interfere with your work schedule.
We realize that these arrests often happen on the weekend and late at nights and for this reason The Law Offices of Allan F. Friedman is open 24/7. It is highly suggested to have a Stamford domestic violence attorney present to protect your interests during your arraignment.
The best case scenario would be if everyone would hire a Stamford domestic violence attorney to protect their rights during the arraignment as a lot of important and life changing decisions are being made that day which may take a long period of time to undo. In reality the due to the serve time constraints of needing to find a lawyer in some cases in only a few hours’ notice most people do not come with lawyers. If you have already had your arraignment and a protective order has already issued you are not alone. Contact the Law Offices of Allan F. Friedman for a free initial case evaluation and begin the process to get your charge of Disorderly Conduct dismissed and resolve your entire case.Resolution of Disorderly Conduct Charges in Domestic Violence Cases
Some good news here, all of the best Stamford domestic violence defense lawyers will agree that Disorderly Conduct is a charge that lends itself to a whole multitude of successful resolutions that will get the case dismissed and leave you with no criminal record. You should work with an attorney who has had a lot of experience handling domestic violence cases and who is aware of all the different ways in which these cases can be resolved while making sure that you do not get a criminal record. There are many different ways of having domestic violence charges dismissed. Connecticut has a Family Violence Education Program available which is a program which can result in the dismissal of your charges. However, I consider this as a last resort in cases as minor as a charge of Disorderly Conduct and I will always explore other alternatives to resolve your case before using this program. The first step in every Disorderly Conduct case is to come in for a free consultation and from there we can go over all the details and facts of your case and figure out what is the best strategy to resolve your case.Let Us Fight Your Disorderly Conduct Charge!
We offer a no obligation free initial consultation. We have 25 years of Court room experience throughout the State of Connecticut. We will review your goals of the representation which are usually a dismissal or a reduction of the charges and any special concerns that you may have. Often working with an experienced Stamford Disorderly Conduct defense attorney can make the difference in having your case dismissed or reduced down to a lesser charge.
If you been arrested for Disorderly Conduct in Greenwich, Stamford, Norwalk, Darien, New Canaan, Cos Cob, Fairfield, Westport, Wilton, Weston, Bridgeport and throughout the County of Fairfield do not hesitate to contact the Law Offices of Allan F. Friedman. We work on a flat fee basis and our rates are reasonable. We offer payments plans as needed. Call Attorney Friedman at (203) 357-5555 to schedule your free initial consultation we are available 24/7. Or you can contact us online for a prompt response.