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Should I appeal my disorderly conduct ticket?

Cincinnati, OH |

I was tailgating at a concert before a show. Two patrol men walked over to our tent and asked two of my friends and I for our IDs because they said we were underage drinking. We are all under age 21. They said they had been watching us for twenty minutes from a spot about 40 yards away. They checked one of my friends cups that smelled like beer, and my other friend had a beer can sitting next to him that he had been drinking from. They never once checked my cup. I also didnt have my ID on me, so they took us to the venues police office. During the whole process I was never asked if I was underage drinking. They also never used a breathalyzer to see if i had any alcohol in my system. We were very corroborative with all of the officers. They issued us disorderly conduct tickets.

Attorney Answers 2


You asked if you should "appeal" your tickets, but convictions are appealed. Tickets can fought through a not guilty plea and trial. Disorderly conduct is either a minor misdemeanor or a fourth-degree misdemeanor under state law (it could be up to a first-degree misdemeanor under a local ordinance)

Whether it is worth fighting is a personal decision. Usually such a conviction will not cause you to lose a job, but in this economy, who knows? The facts you report sounds like underage consumption instead of disorderly conduct, but it is difficult to know without looking at the charging document.

It might be worth spending 30 minutes to find and consult with a local attorney.

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Did you plead guilty or were you convicted at trial? If the answer to both of those is no you should not appeal but you should hire an attorney to represent you in the criminal case. If the answer is yes and you have been convicted then the conversation gets a lot more complicated and deadlines important. If you have been convicted because of a guilty plea then appealling or withdrawing your plea are you only options and are much more difficult than winning the case in the first place. I suggest strongly that you consult privately with a criminal defense attorney asap due to potential deadlines. Many offer free initial consultations. Good luck.

Attorney Chris Beck
Beck Law Office, L.L.C.
Beavercreek, Ohio 45434
(937)510-6110 phone
(937)867-4111 fax

The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

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