Hello, I am 23 and I was charged with Disorderly Conduct ( A.R.S. 13-2904.A) in Mesa, AZ next to the Salt River recreation area.
I was handcuffed but never read my Miranda Rights, so I am unsure whether or not an arrest was truly made. I would normally assume that the act of restraining an individual (i.e. handcuffs) so they cannot leave the situation without the permission of police officers would constitute an arrest. (But again I am not a lawyer.)
My ticket has no further information besides my name, etc, etc, and the officer's info. There is no description of my actions nor is there any indication of what paragraph of A.R.S. 13-2904.A I was in-violation of.
I was with a group of 10 people at the time I was handcuffed and given my ticket. But I must stress ALL of us had been drinking, myself included. We were all over the legal drinking age and spent the afternoon on the 5 hour river float drinking and skipped lunch, the temperature was over 105 degrees this afternoon as well.
Upon returning to the recreation area a group of people began to heckle our crowd as we stood in line to return the innertubes we rented. The group taunted and provoked many members of our group before boarding a bus and leaving. After the group left myself and some other members of our group were discussing the "rudeness" of the strangers. My girlfriend in particular was very upset and I became animated and loud in my discussion of the situation. I wanted to let someone know about the situation (which would have done nothing, but at the time I was drunk). My friends put their hands on me in a manner which would appear like I was being held back. In fact, 3 friends were surrounding me and talking to me about how big a waste of time it would be to make a complaint.
In this moment, I was pushed to the ground and placed in handcuffs. I was never read my Miranda Rights. I provided only the personal information needed to fill the ticket, avoided speaking at all to avoid any self-incriminating statements, and then was released.
Do I stand a chance of getting this dismissed? If not, how good are my chances of knocking it down from a misdemeanor so I can avoid having a criminal record (this would be my first misdemeanor).
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