Blog
Disorderly Conduct & Resisting Arrest Charges
Contents
Dealing with Disorderly Conduct or Resisting Arrest Charges
Getting arrested and charged with a crime like disorderly conduct or resisting arrest can be scary and confusing. Believe me, I’ve been there before many years ago when I was younger. I totally get all the emotions you might be feeling – anger, fear, anxiety. You’ll probably have a ton of questions about what happens next and what your options are. I wanted to give you some helpful information to make this process less overwhelming.
Understanding the Charges
Disorderly conduct and resisting arrest charges fall under the category of “disturbing the peace” crimes. Basically, disorderly conduct is when you act in a way that could disturb others around you or disrupt public spaces. For example, getting into a loud argument on the street, being drunk and belligerent in public, or yelling profanities around families could count.Resisting arrest is when you physically try to get away from or fight back against a police officer who is lawfully trying to detain or arrest you. So if a cop tells you that you’re under arrest and you jerk your arm away or run, that’s resisting. Both charges are misdemeanors in most states.
Looking at Potential Penalties
The penalties really vary case by case, but possible consequences include:
- Up to 1 year in jail
- Probation
- Fines up to $1,000
- Anger management or alcohol/drug counseling
- Community service hours
If you have past criminal charges, penalties tend to be harsher. Getting a second disorderly conduct charge within a few years can even become a felony in some states.
Building Your Defense Strategy
The good news is disorderly conduct and resisting arrest cases can often be beat in court if you have an experienced criminal defense lawyer on your side. Some strategies they may use are:
- Challenging the lawfulness of the arrest – If the cops didn’t have proper cause to arrest you in the first place, resisting charges can get thrown out.
- Questioning the officer’s credibility – If there are credibility issues or inconsistencies with their testimony, it can create reasonable doubt.
- Providing mitigating circumstances – Explaining external factors like self-defense, mental health issues, disability accommodations, etc. can sometimes lead to reduced or dismissed charges.
- Negotiating with the prosecutor – Seasoned lawyers are often able to negotiate plea bargains for lesser offenses like disorderly conduct instead of resisting arrest. This depends on the specifics of your case and background.
Finding the Right Attorney for You
I always recommend people in this situation get a free consultation with a criminal defense lawyer to understand their options fully. Public defenders also do good work, but they tend to be overburdened with cases. Hiring your own lawyer ensures you get the time and attention you deserve.When researching lawyers, look for these key traits:
- Specialization in criminal law – You want someone who focuses specifically on representing people accused of crimes rather than a general practice attorney. Dig into their background and case records online.
- Courtroom litigation experience – Make sure they have a proven track record of taking cases to trial and getting charges dismissed or reduced. Be wary of lawyers who always recommend pleading out.
- Good client communication – They should make you feel comfortable asking questions and explain things in everyday language. Beware attorneys who seem rushed or blow you off. This is going to be a stressful process so you need someone supportive in your corner.
- Fair pricing – Rates can vary drastically, but you don’t necessarily need the most expensive lawyer out there. Ask what fee structures and payment plans they offer.
Next Steps After an Arrest
If you do get arrested and taken to jail, don’t panic. I know it feels humiliating and terrifying but try to keep your composure. Here are a few key things you should do:
- Remain silent – Don’t try justifying yourself to cops or getting into arguments. That can only hurt your case down the line. Calmly say you won’t answer questions without your lawyer.
- Arrange bail – If you can’t afford the bail amount, ask your lawyer about getting it reduced or using a bail bonds agency. The faster you get out, the sooner you can start building your defense.
- Write down memories – Jot down everything you remember happening leading up to the arrest while it’s still fresh. This will help refresh your memory later.
- Gather evidence – Save any photos, videos, audio recordings, medical records or other documents that relate to your charges. This evidence could help get charges reduced or dismissed.
- See your options – Meet with a lawyer to understand the charges against you and start developing a game plan. Ask about diversion programs in your area or ways to get charges erased from your record.
Dealing with criminal charges is tough, but you don’t have to go through it alone. With the right legal guidance, disorderly conduct and resisting arrest charges are very beatable. Don’t lose hope! Things may seem scary now but this will pass and there are better days ahead.