Posts Tagged ‘disorderly conduct’

Utah Parents: It Is A Crime To Bully the Bully

Jul
31
Utah Criminal Defense Blog, on the topic of  Crimes, Humor
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Typically when we hear the word “bullying” we think “Kids on playground pushing other kids around” but we might want to rethink this definition of bullying.  Parent James Jones of Orlando, Florida was sick of watching his 11 year old daughter get bullied around and the school wasn’t doing anything about it. James got on the school bus and threatened the boys who bullied his daughter, saying, “I’m going to [expletive] you up,” and “This is my daughter, and I will kill the [expletive] who fought her,”. Mr. Jones was not finished. He was on a roll and then threatened the bus driver: “If anything happens to my daughter I’m going to [expletive] you up and everybody on this [expletive]”.

Jones was charged with two misdemeanor charges of disorderly conduct and disturbing a school function, which is punishable by up to four months jail.

In Utah, in addition to threats there is the offense of Criminal Trespass Upon School Property, a class B Misdemeanor.

A person is guilty of criminal trespass of school property if the person does the following:

Enters or remains unlawfully upon school property and intends to cause annoyance or injury to a person or damage to school property, or commit a crime or is reckless as to whether the person’s presence will cause fear for the safety of another.

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Posted in Crimes, Humor | No Comments »

Payment in Pennies Nets Utah Man Disorderly Conduct Citation

Jun
06
Utah Criminal Defense Blog, on the topic of  Dealing with Police, Hiring a Lawyer, Humor
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A Utah man was cited with disorderly conduct by police after he attempted to pay a medical bill with pennies. The man went to his local medical clinic to dispute a $25 charge, but instead ended up paying it—with 2500 pennies. According to the man, when he dumped the pennies on the clinic’s counter, some rolled off onto the floor. The police stated that the man’s actions served “no legitimate purpose” and upset the clinic’s staff.

Photo: James Weirick

A disorderly conduct charge is normally issued because one or more of the following situations occur:

*A person refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or

*A person intends to cause public inconvenience, annoyance, or alarm, or recklessly creates a risk.

Disorderly conduct is a class C misdemeanor if a person continues to act in a rowdy fashion after being asked to stop. Otherwise it is an infraction. This man was cited with an infraction, which carries the possible fine of $140, and his case will be heard in the local justice court.

There are times when tempers get out of control and law enforcement needs to be called in to help mediate the situation. Then there are times like the one this man experienced. If you believe you have been wrongfully charged with a crime, you shouldn’t hesitate to call a Utah criminal defense attorney. Sometimes individuals do the wrong thing, but sometimes it’s law enforcement that needs to be reminded of what truly constitutes a crime and how to handle those moments appropriately. Don’t let yourself be railroaded into a conviction or paying a fine that you don’t deserve.

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Posted in Dealing with Police, Hiring a Lawyer, Humor | 1 Comment »

Disorderly Conduct in Utah

Mar
16
Utah Criminal Defense Blog, on the topic of  Crimes, Legal Process, Utah Law, Utah Legal Definition
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Pleading guilty to disorderly conduct in Utah may only initially result in a small fine and a couple of nights in the county jail, but it can peg you as a criminal for the rest of your life.  Having a criminal record may affect you when seeking employment, applying for financial aid or any other occasion when a background check might be conducted.  Plus, there are the moments of embarrassment when you have to answer in the affirmative that you have been convicted of a crime and attempt to explain that it wasn’t really your fault.

Disorderly Conduct

Photo: Oran Viriyincy

There is so much gray area when it comes to what constitutes disorderly conduct.  This is the reason why so many disorderly conduct cases get thrown out of court.  A portion of Utah Code 76-9-102 states that a person is guilty of disorderly conduct if she engages in threatening behavior, makes unreasonable noise in public or intends to cause overall public inconvenience or annoyance.  What is unreasonable or threatening is a matter of opinion.  It could be viewed as unreasonable for a peace officer to tell a judge what your intent was at the time or speak for the public by saying that you caused inconvenience or annoyance.  However, it’s clear to see that if you even look at an officer the wrong way (or he looks at you the wrong way), he can cite you for disorderly conduct.

Even if you feel that you are guilty, an attorney can help protect your rights and your future.  A good attorney will first try to get your case thrown out altogether.  If that doesn’t work, there are always options.  Your attorney could ask the prosecutor to defer prosecution and put you on a period of probation.  If you comply with the terms of your probation, the case could be dismissed and there would be no conviction on your record.  Alternatively, your lawyer could ask the judge to reduce the charge from a misdemeanor C to an infraction, which would protect your record and leave you with possibly only a small fine to pay.  Although the immediate penalties for pleading guilty to disorderly conduct in Utah may not seem so bad, it can have lasting consequences that will forever affect your life.  Do not ever plead guilty before consulting with an attorney.

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Utah Legal Definition: Disorderly Conduct

Nov
11
Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Law, Utah Legal Definition
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If you were a member of the Utah Legislature and wanted to create a statute that was a catch-all for criminal activity, you would create Utah’s disorderly conduct statute.  It allows for police to arrest you for multiple reasons for ambiguous actions, such as knowing creating a “hazardous” condition that serves “no legitimate purpose,” or making “unreasonable” noises in a public place.  What do those parts of this Utah statute mean?  It means whatever an arresting police officer determines those words to mean.

Utah Code § 76-9-102: Disorderly conduct.
(1) A person is guilty of disorderly conduct if: (a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he: (i) engages in fighting or in violent, tumultuous, or threatening behavior; (ii) makes unreasonable noises in a public place; (iii) makes unreasonable noises in a private place which can be heard in a public place; or (iv) obstructs vehicular or pedestrian traffic.      (2) “Public place,” for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

Disorderly Conduct is often plead to when plea bargaining with the prosecutor. Disorderly Conduct looks and sounds better on your criminal history than assault or criminal mischief.

If you have been charged with Disorderly Conduct in Utah, then you need to hire the best Utah criminal lawyer to help you.

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