His court date is next week...what am I looking at here & will this charge appear on any record. Also, what exactly does this charge mean. His fine is $338 do they offer payment plans
Criminal Defense Attorney
Your son is charged with a summary offense Disorderly Conduct. Summary offenses in PA are punishable by up to 90 days in jail and/or a $300.00 fine. (Except in extraordinary circumstances the jail component is NOT worthy of worry). It already appears on the state's unified judicial system website, the link to which appears below. A "participant " search with the proper name and county will reveal the charge against your son. Information about the case will remain there until a court order directing its expungement (erasure) is issued. If convicted of the offense as charged, your son can petition to have the criminal history information stored and displayed there expunged after the passage of five (5) years without further involvement with the criminal justice system. Without a detailed conversation with him about the circumstances giving rise to the charge, I can't offer any assessment regarding the viability to the charge. I will note, however, that Disorderly Conduct is most frequently charged by a police officer who is not happy with the behavior of someone they have interacted with and for which event there is no better charge to file. Put another way, it is a charge that may well be defensible in the summary trial which has apparently been scheduled. My recommendation is that counsel be retained to represent your son in the matter before the magistrate. Good luck. Btw, the literal description of the the charge that you set forth here is simply the shorthand method the system uses to distinguish among the various forms that Disorderly Conduct can take.
Criminal Defense Attorney
I agree with what has been said above. I answer separately to address the Disorderly Conduct charge.
Under 18 Pa.C.S. § 5503.(a), A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture; or
(4) creates a hazardous or physically offensive condition by any act which serves no legitimate. purpose of the actor.
Speak to an attorney about the facts of your son's case and investigate whether there could be a defense. Good luck to you both.
4 lawyers agree