Challenging a Greenwich Disorderly Conduct Charge
A disorderly conduct arrest in Greenwich can happen in a few different ways. The first is when the authorities issue a misdemeanor summons and complaint. This is similar to issuing a person a speeding ticket, but it is actually an arrest even if the police do not bring the person to the station.
Law enforcement will do this with disorderly conduct because it is so frequently charged and the police have the discretion to not take an individual to the police department for the formal booking process where the mug shots are taken.
If an individual is formally arrested for disorderly conduct in Greenwich, then they will be booked, fingerprinted, and photographed. Law enforcement will then release an arrest report to the local media pursuant to the Freedom of Information Act (FOIA). The person must post a bond when they are brought down to the station, unless the police release that person on a promise to appear.
If the individual does not show up in court, they can be arrested for failure to appear in the second degree. Once a person posts bond, they should call a lawyer as soon as the police give them a chance to do that.
Challenging an Arrest
A person cannot challenge a Greenwich disorderly conduct arrest with the police. Once the police arrest an individual, the best thing that they can do is to not offer too much information until the appropriate time in court. The person should talk to an experienced lawyer who can challenge the arrest at the court level.
When a person challenges the police when they are arrested in Greenwich for disorderly conduct, it will almost always lead to additional charges such as an arrest for Interference with a Police Officer. An aggressive verbal exchange with police can be spun against an individual in police reports, and look bad in the eyes of the judge and the prosecutor.
A disorderly conduct arrest in Greenwich is always a misdemeanor charge. However, if that person gets physical with a police officer, it could sometimes lead to a felony arrest for assault on a police officer.
When someone is charged with disorderly conduct in Greenwich, they should always make sure to be respectful to the officer. The person should then contact an attorney as soon as possible to begin preparing a strong defense to challenge their charge. Only the assistance of an experienced lawyer can give an individual that best chance to have a positive result in court.
One common strategy to challenge a disorderly conduct charge is self-defense. This occurs when someone else started a fight with the person, was trying to bully the person, or trying to assault, offend, and harass the person and their loved ones. Often, a person speaking up for themselves is a permitted defense, and is one that is frequently argued.
Another defense that an attorney may assert against a disorderly conduct charge is the First Amendment. Sometimes, an individual may say something that may sound offensive but is otherwise legal. Profanity can be protected by the First Amendment and is something that a lawyer will look at carefully.
Police officers have wide discretion in deciding what is arrest-worthy. An individual does not prevail on a self-defense or a First Amendment offense when the person is talking to a police officer at that time. An individual should always have their lawyer help them fight an unlawful arrest.
Benefits of an Attorney
Many lawyers may immediately apply an individual for Accelerated Rehabilitation against a disorderly conduct arrest, however, this is not always the best route to take. A seasoned lawyer will explore every other option before using the Accelerated Rehabilitation, as a person only gets AR once every ten years depending on the underlying arrest.
The judge and prosecutor are only learning about an individual from the police reports, which are typically unfavorable. That is why it is important for an experienced lawyer to present a full and complete picture of the individual accused, both personally and professionally. An attorney who appears in Stamford Superior Court regularly and appreciates the various ways to get a disorderly conduct arrest dismissed quickly should be contacted to represent you in challenging your Greenwich disorderly conduct charge.