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Possible Defenses to a Disorderly Conduct Charge

Defending a Disorderly Conduct Charge

Disorderly conduct can include doing things to disturb the peace, loitering in certain places, or being drunk in public. While some charges are legitimate, many people are also wrongfully charged with disorderly conduct. These are some of the most common defenses that a Miami criminal defense attorney may use.

Mental State or Being Unaware

Some people act in ways that they naturally wouldn't act when they're taking certain medications. Also, untreated mental illnesses can lead people to do or say things they usually wouldn't do. Those are potential defenses. In some instances, a person may not realize that action is causing a disturbance.

For example, if someone is hosting a party and playing music, the host may not realize that a neighbor with a window opened a few houses down may also hear the music and be offended. Although intoxication isn't considered an excuse, a judge may consider that someone with a drug or alcohol problem doesn't have full control over individual actions. If you find yourself in this situation, your attorney may request that you avoid jail in exchange for entering a court-approved treatment program.

Improper Police Handling

There are several ways that police can mishandle situations. One example is when there's a crowd. If several people are displaying disorderly conduct and you're not, you may also be charged because the police aren't paying attention. Fortunately, many people today take phone videos of such incidents. If a video shows you not being disorderly, that's a good defense. Even if a video doesn't exist to prove your innocence, a good criminal defense attorney may build a case in your favor based on other details.

Erroneous or Weak Testimony

In some instances, one or two people's testimony may be what the police use for charges. If other witnesses say that those testimonies are false, the judge must consider their words as well. When witness testimonies are conflicting or weak, a judge may dismiss the case.

Have You Been Arrested for Disorderly Conduct? We Are Here to Help You

At Hager & Schwartz, P.A., we’ll work tirelessly to build a strong case for an optimal outcome for you. If you’ve been arrested for disorderly conduct, it’s critical to speak to a criminal defense attorney as soon as possible.

Contact us today at (305) 330-1360 to discuss your case and learn your rights.

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