The charge of disorderly conduct in violation of C.G.S. §53a-182 is perhaps one of the most common arrests in Connecticut. Disorderly conduct charges are frequently used by police to cover a wide range of situations and behaviors. It is also a very commonly used statute in domestic violence arrests. Disorderly conduct covers a wide range 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 types 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 seems like some trivial actions catch you off guard about the severe 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, and you could face possible jail time and probation, fines, and difficulty securing future employment. If you have been charged with disorderly conduct, you should seek the advice of a Stamford criminal lawyer 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
- Over 25 years of 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 C.G.S. §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 see that this statue could be very commonly employed in many situations where arguments and fights break out even within your own home. If someone calls 911 to investigate a dispute, 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 make an arrest if they find probable cause that a crime occurred. If you have been charged with disorderly conduct in the 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
Disorderly conduct arrests can occur in almost any kind of situation. If the arrest is for a non-domestic violence situation, these kinds of cases lend themselves to a wide range of possible resolutions, which are favorable, and all of which should leave you with no criminal record if properly executed. The most crucial 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 review all of the witnesses' statements and the police report. Armed with this information, your Stamford criminal 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 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 types 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 an incident, 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 program 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
Disorderly conduct is the number one most common domestic violence arrest in Connecticut. While the charge may not seem that serious, a domestic violence arrest can have serious consequences such as:
- Criminal orders of protection
- Being removed from your home
- Adverse information on the internet
- Effects on the ability to seek employment
- DCF involvement if you have minor children
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." There is no specific crime in Connecticut of "domestic violence" per se. Rather you are charged with the applicable crimes such as assault, breach of the peace, threatening, and disorderly conduct, for example, and they are classified by the court as "domestic violence" matters and handled on the separate "domestic violence docket." This is an essential distinction because cases that get transferred to the "domestic violence docket" carry much more serious consequences and are much more challenging to resolve. If you have been charged with a domestic violence crime, you should immediately seek the counsel of a Stamford domestic violence 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." If 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 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 also to be arrested right along with the primary aggressor.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 business day. You should retain the services of a top Stamford domestic violence attorney to represent you during this crucial first court appearance during which some very important decisions are going to be made by the court.
State law requires that all parties arrested on a domestic violence charge must meet with and be interviewed by family relations officers and be 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 Stamford domestic violence lawyer with you to protect your interests.
In every domestic violence arrest, the court is going to enter some level of criminal order of protection. The criminal orders of protection that issue during your arraignment varies in level depending on the facts of your case. The least restrictive order of protection is the so called "partial order of protection" which states that you should not harass, assault or annoy the other party. The next most restrictive order is a residential "stay away" order that excludes you from entering your family home until the case is finished, which could take at least several months. These "stay away" 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 disrupt your children's lives and cause tremendous inconvenience. The most severe order of protection is the full no-contact order of protection, which precludes you from having any contact of any kind with the victim. This is why it is imperative to retain a top Stamford criminal 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.
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 kinds of "treatment" providers, it is too late. Very often, these programs only offer day time classes that impose serve hardships for people who work, particularly those who work in New York City. For this reason, it is essential to have an experienced Stamford criminal 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. You should have a Stamford domestic violence attorney present to protect your interests during your arraignment.
In reality the due to the severe 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
The best Stamford domestic violence defense lawyers will agree that disorderly conduct is a charge that lends itself to a wide range 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 significant 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 that 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, so we can go over all the details and facts of your case and figure out what is the best strategy to resolve your situation.Let Us Fight Your Disorderly Conduct Charge!
We offer a no-obligation free initial consultation. We have over 25 years of 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 individual 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, or 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 payment 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.