Harassment, Stalking, Misconduct Disorderly Conduct Charge - Need Help!

[mattsan]

In Pennsylvania - Recieved a citation less than a week ago while my girlfriend and I were making out in a public park. Although we were not having sex, or anything close to it, the officer thought differently. Even when asked to step out of the vehicle, getting out of the vehicle within 3-6 seconds and remarking to the officer that she or I could not have gotten dressed that quickly, he would not budge. He says he had recieved many complaints about such events happening in the park and gave us both non-traffic citations for disorderly conduct. His best remark to the fact that we were having sex was that we were 'moving' like we were, although his view of the events was very questionable, as he barely stepped out of his car as we pretty much stopped and noticed him. I'm a minor, 17, and she is 18 - both our first offense and have no idea of the procedure or anything and need serious help. I wrote a rough written record of what was said that same night to have some evidence, and also took dated photographs of what I wrote. Don't know if those will help at all. Sent in the non-guilty plea and the fee just today and will recieve a court date sooner or later. When can I expect this court date to be roughly? And what the heck should I do?!

If found guilty, will this go on her criminal record? I know mine gets wiped away when I turn 18. I apparantly have to bring a parent to court - is it worth getting an attourney or anything? Any other help/advice/tips/information you guys can give me at all will be greatly appreciated. If you need to know any more details of this, just let me know!

 

[NYClex]

Well, first of all: PA seems very unwilling to expunge disorderly conduct convictions. The law more or less does not allow it, as was recently confirmed by a PA appeals court in Commonwealth v. Whiteford, http://www.courts.state.pa.us/OpPosting/Superior/out/a12012_01.PDF

Therefore your friend would have to think about it and to decide whether it is worth fighting.
The crime itself, if not charged as a misdemeanor, is a summary offense, the lowest class of crimes, and usually disposed of with fines in the $ 100-200 range.

Here is the law: § 5503. Disorderly conduct


(a) OFFENSE DEFINED. --A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) engages in fighting or threatening, or in violent or tumultuous
behavior;

(2) makes unreasonable noise;

(3) uses obscene language, or makes an obscene gesture; or

(4) creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose of the actor.

(b) GRADING. --An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

(c) DEFINITION. --As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.


I have some problems with this story. I wonder if what happened really fits the elements of the law, but of course one would have to research how PA courts have handled that kind of conduct before. May be both of you should actually consult an attorney.