Disorderly Conduct

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Disorderly Conduct Attorney Erie PA

Disorderly Conduct is the type of offense which almost anyone can find lodged against them at some point in their lifetime. The primary reason for that often has a great deal to do with the perception that disorderly conduct is a relatively minor or trivial “catch all” offense.

As a result, some of the corroboration a law enforcement officer or assistant district attorney will do when deciding whether charging is appropriate when it comes to a serious misdemeanor or felony offense won’t happen when it comes to disorderly conduct, often a summary charge. The charge will often be approved based solely on the statements of the alleged witnesses or after brief interaction with law enforcement.

This dynamic often leads to the case being charged and placed in front of a Magisterial District Judge for the purpose of allowing him or her to decide who they believe is telling the truth and what actually happened. That circumstance is not ideal when one considers such a charge, minor as it may be, can impact ones employment situation.

What is the Commonwealth saying you did if you are charged with Disorderly Conduct?

There are four subsections, one of which will certainly make up the grounds which you are charged under. When charged with Disorderly Conduct, the Commonwealth is alleging you, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, you:

Engaged in fighting or threatening, or in violent or tumultuous behavior
Made unreasonable noise
Used obscene language, or made an obscene gesture, or
Created a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor

What should you expect when facing a charge of Disorderly Conduct in Erie County?

Credibility is everything. Why?

Unlike most other offenses, Disorderly Conduct cases are often nearly exclusively predicated on the testimony of eye-witnesses. And in this case, often the witnesses consist of a few people who felt you were disorderly, a member of law enforcement, yourself and any of your witnesses.

It is unlikely there will be video. More often than not, those individuals will testify in front of a Magisterial District Judge. After the Judge hears the testimony, he or she will decide who they believe and what they believe happened. Given this dynamic, it can be imperative that you hire an attorney who has the ability to point out the testimony that doesn’t add up through detailed and strong cross examination.

You have numerous opportunities with an experienced attorney to beat these charges. Why?

First and foremost, you will have the opportunity, through your attorney to negotiate prior to the hearing. If negotiations fail to achieve the resolution you desire, the next step is through a hearing. In that hearing your attorney will be tasked with showing the District Judge that either the witnesses can’t be believed, or in some instances, even if they are believed, the conduct doesn’t rise to the level to allow you to be convicted of the offense.

In cases where negotiation and trial are unsuccessful and you are found guilty, you have the option of appealing the case to the Court of Common Pleas. At that hearing, the same basic situation applies. Your attorney will try to negotiate prior to the trial, and if that fails, a trial will be held.

The difference at that hearing is that your criminal defense attorney will negotiate with a member of the District Attorney’s Office and the hearing, if necessary, will be before a Common Pleas Court Judge. The bottom line is that, although an attorney can never make any promises, there are a number of opportunities to achieve a positive outcome in your case.

You can be charged with a misdemeanor Disorderly Conduct as well. Why?

A Disorderly Conduct charge will be graded as a Misdemeanor of the Third Degree IF law enforcement can show that your intent was to “cause substantial harm or serious inconvenience” OR if you “persisted in your disorderly conduct “after reasonable warning or requests to desist” were given.

The County in which you were charged will make a difference. Why?

As a general rule, the more rural the county the more harshly they will view any charge, including Disorderly Conduct. This dynamic in and of itself can significantly increase the likelihood that they will be unwilling to negotiate and that you will need to win the case through a contested hearing.

Your prior record can be a big factor when making an initial determination of the likely outcome in your case. Why?

Even though an Erie PA Disorderly Conduct charge is often viewed as a relatively minor offense to most outside of the person who is actually charged, it can get more difficult if you have a record which indicates you’ve done this type of thing before. For example, if a law enforcement officer sees that you have been charged with Disorderly Conduct numerous times, it may lead him or her to believe you haven’t learned your lesson. Although it is unlikely your prior record will matter a whole lot, there are circumstances where it will make them less likely to resolve the case through negotiation.

As one might expect, this is not an exhaustive list of the things you should be aware of as you navigate through the judicial system with a Disorderly Conduct charge. However, it’s a good start.

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