Is there a way to fight this Disorderly Conduct Class B Misdemeanor charge?

Asked about 1 year ago - La Crosse, WI

My roommates had a party this weekend when I was away and one of them, who is 22, was handed a disorderly contact charge because our "three story beer bong was distracting traffic on the street below." Is this a legitimate charge? We have video of the police man saying "we want to make an example out of you" as well as swearing at us, calling one of my roommates a "dipshit," and banging on the door repeatedly with some object that was definitely not a hand.

Attorney answers (3)

  1. Michael C. Witt

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . As already noted, your friend can plead not guilty and take the case to trial. The question will be whether the public display of the three-story beer bong was otherwise disorderly conduct that tended to cause or provoke a disturbance under the circumstances. The police officer's unprofessional conduct doesn't really go to either element, but may be the cause for a complaint regardless of the outcome on the citation. All police departments in WI are required to have a citizen complaint process in place. Most require an in person appearance at the PD to lodge a complaint.

    This answer is provided for general information only. No legal advice can be given without a consult as to the... more
  2. Mark P. Maciolek

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Of course you can fight the charge. Whether you win or not is another matter. Based on what you describe, a number of defenses might be possible.
    While a Class B misdemeanor is a less serious crime (it's not like a murder, for example), it is still a crime and therefore serious. To protect his future, your roommate should hire an experienced defense attorney.

    My answer to your question is based on the facts that you provide in your question. Additional factual details... more
  3. Stephen Ross Cohen

    Contributor Level 20

    Answered . Sounds like quite a party and they can go to trial. Hope the judge does not think they are dipsh--s if found guilty

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

Related Topics

Criminal charges for disorderly conduct

Disorderly conduct, usually a misdemeanor charge, means disrupting the peace or public space through threatening, disruptive, lewd, or drunken behavior.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,857 answers this week

3,097 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,857 answers this week

3,097 attorneys answering