Harassment, Stalking, Misconduct Disorderly Conduct charge

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deester

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I just rec'd a phone call from my local police telling me that they were charging me with disorderly conduct (Courtesy call???) I have been having an ongoing feud with my neighbors for awhile now. Last week I rec'd a parking ticket while parked in my own driveway. The neighbors claim it was their property (duplex, shared drive) and I said it was mine. Cops came and looked at property line, deemed it mine, dismissed parking ticket. When I found the parking ticket on my car, I did scream at the neighbors that I have had enough of their pettya** crap, that it was my property, and they need to go the hell away. Period, end of story. Now I am getting charged with disorderly conduct because of that. They (2 women) and myself were the only ones there. No witnesses, no cops. I asked the cop how he can do that on just their word? He said "you will have your day in court" Side note, one of the neighbors is a barber and cuts most of local policemen's hair. The neighbor's are continually harrassing me. I get a fine once a month because they call cops and say my dog is barking, even though I have questioned all neighbor's and nobody else hears them and neither do the cops. What should I do? Something else: I NEVER talk to my neighbor's, ever. I walk by them like they don't exist. This was the only time I have said anything to them. They did take me to court last year because they said my dog was barking and I won. Since then, they call cops atleast once a month on me. Called code enforcement, etc.
 
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I just rec'd a phone call from my local police telling me that they were charging me with disorderly conduct (Courtesy call???) I have been having an ongoing feud with my neighbors for awhile now. Last week I rec'd a parking ticket while parked in my own driveway. The neighbors claim it was their property (duplex, shared drive) and I said it was mine. Cops came and looked at property line, deemed it mine, dismissed parking ticket. When I found the parking ticket on my car, I did scream at the neighbors that I have had enough of their pettya** crap, that it was my property, and they need to go the hell away. Period, end of story. Now I am getting charged with disorderly conduct because of that. They (2 women) and myself were the only ones there. No witnesses, no cops. I asked the cop how he can do that on just their word? He said "you will have your day in court" Side note, one of the neighbors is a barber and cuts most of local policemen's hair. The neighbor's are continually harrassing me. I get a fine once a month because they call cops and say my dog is barking, even though I have questioned all neighbor's and nobody else hears them and neither do the cops. What should I do? Something else: I NEVER talk to my neighbor's, ever. I walk by them like they don't exist. This was the only time I have said anything to them. They did take me to court last year because they said my dog was barking and I won. Since then, they call cops atleast once a month on me. Called code enforcement, etc.




This situation will only get worse.
Think of it like a wound, a wound that gets infected and festers.
You might want to consider moving.
That seems to be the only way you'll ever get peace and be able to live in harmony.

Now, about your citation.
I say go to court and defend yourself.
But, be forewarned, if you ACKNOWLEDGE in court what you said hereinabove, you'll be hard pressed to defeat this charge.
What you ACKNOWLEDGE hereinabove, is directly prohibited by section (a), subsection (3) in the statute, "using obscene language".

I think the statute is outdated, and you might try and make a free speech argument.
If it were me, I wouldn't admit that I used that language in court.
Bill Clinton's strategy of deny, deny, deny, can be said to have merit!



Here is how the PA statute defines "disorderly conduct" in PA.

§ 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.



Here is what one PA lawyer suggests as a defense strategy.​

Get an Aggressive Criminal Lawyer to Defend Your Rights and Freedom!

The charge of disorderly conduct can cover a wide variety of circumstances that the police may choose to regard as criminal behavior. Under Pennsylvania criminal law, disorderly conduct is defined in the statute as intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof.

Examples of behavior that might result in a disorderly conduct charge include fighting, unreasonable noise, obscene language or gestures, or any offensive or hazardous act that "serves no legitimate purpose".

Basically, anytime there is a disturbance and the police want to take charge and calm things down, they are likely to arrest people for disorderly conduct. Especially if you do something specifically that annoys the police officer.

So if you were in a situation where things got a little out of hand celebrating (like after the Phillies win!), please contact us to try to fix this problem, and keep your record clean.

The consultation on your disorderly or related criminal charge is free. And we can absolutely help get you out of this mess.
Disorderly Conduct Penalties

A charge of disorderly conduct may be designated as either a misdemeanor in the third degree (Misdemeanor 3) or a summary offense, depending on the severity of the circumstances and the judgment of the district attorney. A misdemeanor 3 carries with it a maximum of 1 year in jail, while a summary offense has a maximum penalty of 90 days in jail.
Pennsylvania Disorderly Conduct Defense Strategies

Since a disorderly conduct charge covers such a range of alleged behaviors, it's an easy charge for the police to arrest on if they wish to arrest you for some reason. Unless the arrest has some legitimate basis and substantial evidence to back it up, I will immediately ask for a dismissal.

If you are charged with a misdemeanor level offense, I'll also frequently argue for a reduction in charges to a summary offense, to reduce the seriousness of the charge and potential penalties if found guilty.

Please call me for a free criminal defense consultation on disorderly conduct or any criminal charge Pennsylvania. Call us now at (888) 412-3298 .

http://www.pennsylvania-criminal-defense.com/disorderly-conduct.htm
 
Thanks. I hear worse than "ass" and "hell" on TV, so how is it obscene? If there were no witnesses and the cops didn't see/hear anything, then how can they prove it? Can I make a case about harrassment from my neighbors? And isn't swearing a protected amendment? Thanks for your help
 
Thanks. I hear worse than "ass" and "hell" on TV, so how is it obscene? If there were no witnesses and the cops didn't see/hear anything, then how can they prove it? Can I make a case about harrassment from my neighbors? And isn't swearing a protected amendment? Thanks for your help



As I said, if it were me, I'd never admit to saying anything untoward.

I advise my clients, never to help the prosecution obtain your conviction.

We all have the RIGHT TO REMAIN SILENT.

Most people are DYING to tell it, just tell.

In matters such as this, it is best to let the state PROVE IT, LET THE STATE PROVE IT!

You should speak with an attorney.

It seems there are great defenses against this "crappy" catch-all charge.
 
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