Harassment, Stalking, Misconduct Disorderly Conduct.

[mjw50]

I was arrested for Disorderly conduct this weekend. I believe I did nothing to warrant this. The scenario was as follows. I was leaving a bar around 1 am. I walk outside to see the tail end of a fight. I see 1 person who was involved in the fight thrown to the ground by 4 officers and the other person in the altercation let walk away. Not knowing exactly why this was I asked the officer. He told me to mind my own business, So i turned and was walking in the opposite direction of the incident and told a friend of mine that "This is Bull SH*T". The cop grabs me throws the cuffs on me and puts me in his car. I was not looking at any officers or even in there direction when I said it. I believe I was exercising my freedom of speech. What can I expect from the Judge when I go to court?

 

[Michael Wechsler]

I was arrested for Disorderly conduct this weekend. I believe I did nothing to warrant this. The scenario was as follows. I was leaving a bar around 1 am. I walk outside to see the tail end of a fight. I see 1 person who was involved in the fight thrown to the ground by 4 officers and the other person in the altercation let walk away. Not knowing exactly why this was I asked the officer. He told me to mind my own business, So i turned and was walking in the opposite direction of the incident and told a friend of mine that "This is Bull SH*T". The cop grabs me throws the cuffs on me and puts me in his car. I was not looking at any officers or even in there direction when I said it. I believe I was exercising my freedom of speech. What can I expect from the Judge when I go to court?

What section in what state were you arrested on the disorderly conduct charge? What you need to do is look up the statute. Listen to what the prosecutor alleges and to what the officer testifies to and then indicate how the charge doesn't qualify. The prosecution needs to show how (1) you had the mental state of mind required to commit the crime, and (2) that your actions were sufficient to rise to the level of the charge. If what you said is exactly true then I don't see any basis for the charge. However, I'm sure there will be some disagreement as to what actually happened. Are we hearing the entire story or did he just get mad at the fact you said what you did? You'd do best to bring your friend as a witness if you need him and it could make a large difference if it comes down to your word against the officer's. Good luck. Let us know how it all turns out.