Disorderly Conduct and Fines

[Smorgan125]

What is the name of your state? Pennsylvania

I'll try and make this as clear and brief as possible.

A few nights ago I went to my friends house for a party. He lives in a developmental area, meaning it was a rather dense area and also not the nicest of places. It was obviously noticeable to anyone standing outside of the house what was going on, considering there were around 15 people on the deck in front of the street. Of course, the cops came in and the people on the deck ran. I was inside the house with around 10 other people and a keg. The cops rounded everyone up in the house and gave us all breathalyzers. Anyone under 21, beyond the legal limit, was given a disorderly conduct. I was obviously intoxicated, and blew a .143. The citation came to me a few days later with a hefty fine of over $400. On the citation there are a lot of trumped up charges, and they simply weren't even possible for me to have comitted. It looks like it was just the cops filling out the citation for a disorderly conduct to verify the document. Although, in the area for notes, the officer wrote in "blew .143.

My question is would it be a wise decision to fight this charge? What are my chances of suceeding? If I can't get the charges completely dropped, I would simply like to have my fines lowered. I don't know if the latter is possible though since it seems the only choices I have are guilty and not guilty. Personally, I would consider myself guilty. Is there any type of plea bargain I could use? Also, can the judge change my sentencing from a disorderly to an underage citation at the trial. Thanks for any and all help.

 

[seniorjudge]

What is the name of your state? Pennsylvania

I'll try and make this as clear and brief as possible.

A few nights ago I went to my friends house for a party. He lives in a developmental area, meaning it was a rather dense area and also not the nicest of places. It was obviously noticeable to anyone standing outside of the house what was going on, considering there were around 15 people on the deck in front of the street. Of course, the cops came in and the people on the deck ran. I was inside the house with around 10 other people and a keg. The cops rounded everyone up in the house and gave us all breathalyzers. Anyone under 21, beyond the legal limit, was given a disorderly conduct. I was obviously intoxicated, and blew a .143. The citation came to me a few days later with a hefty fine of over $400. On the citation there are a lot of trumped up charges, and they simply weren't even possible for me to have comitted. It looks like it was just the cops filling out the citation for a disorderly conduct to verify the document. Although, in the area for notes, the officer wrote in "blew .143.

My question is would it be a wise decision to fight this charge? What are my chances of suceeding? If I can't get the charges completely dropped, I would simply like to have my fines lowered. I don't know if the latter is possible though since it seems the only choices I have are guilty and not guilty. Personally, I would consider myself guilty. Is there any type of plea bargain I could use? Also, can the judge change my sentencing from a disorderly to an underage citation at the trial. Thanks for any and all help.

If you have never been in trouble before and have an excellent record, then ask the prosecutor for a lesser fine. I can't see, however, why any prosecutor would want to plea bargain with you since there is an open and shut case.

 

[Smorgan125]

most important question

I guess the most important question I have is if I go to trial can things get worse for me? In any way, can I be given a different charge or fined even more? I figure that if this is not the case, then there is no reason not to try and fight it. Am I right in believing this?

I do have a small history, a few other disorderlys, some underages that became disorderlys.

 

[seniorjudge]

I guess the most important question I have is if I go to trial can things get worse for me? In any way, can I be given a different charge or fined even more? I figure that if this is not the case, then there is no reason not to try and fight it. Am I right in believing this?

I do have a small history, a few other disorderlys, some underages that became disorderlys.

If you go to trial, you know the minimum and maximum punishing going into the trial. That won't change.

 

[Smorgan125]

a little confused?

Actually I'm not sure what the maximum and minimum penalties are. Is there a specific place I can find this out, perhaps on my citation?

 

[Smorgan125]

P.s.

Also, do you know if a charge can be changed or altered at trial even after all the documentation and stuff like that?

 

[yournamenotmine]

I was wondering if on the citation you recieved, is there options on the back of it? If there is already a fine I think that means that it is not court mandatory which means that you can't be punished by being put in jail. It almost sounds like a traffic ticket where you can pay the fine and be done with it or mail the citation to the court and request a court date to try and fight it. Anyway, your not being prosecuted so there won't be a TRIAL, if you try and argue it, you'll have to go in front of a judge and explain to him your side and what it is your seeking. I could be wrong, but it sounds to me like no one is bringing charges against or accusing you of something if it is not mandatory that you show up to a court date..

 

[Smorgan125]

Yeah, I think you're right

It is a non-traffic citation. I do have options, I can either plead guilty and pay the fine and be done with it or plead not guilty and get a court date. On the slip it reads under nature of offence "Actor with intent to cause public inconvenience annoyance or alarm or recklessly creating a risk thereof creates a hazardous or physically offensive condition by any at which serves no leg. purpose." I don't see how any of this can be true considering I was inside the house the whole time and didn't say anything to the police. Anyways, all they have is that I blew a .143 into the breathalyzer. It reads that on the Remarks/Subpoena list at the bottom.

My most important question is if I do decide to fight this and plead my case to the judge can he/she make things worse? (i.e. giving me an underage) If thats not the case, I have nothing to lose and should fight it, right?

 

[yournamenotmine]

Well, no matter what, the most that can be done is that the judge well make you pay the fine. Unless you don't have the time, then it definitely won't hurt to fight it and explain yourself,- you were inside,not being beligerent, didn't try running, and most importantly that you didn't do anything to really justify a $400 some odd fine. You should at least be able to get the fine reduced, just tell the judge that times are hard right now and what a burden that much money will put on you. He might give in or he might not. But by you requesting a court date, is not going to make him think less of you, if anything he might respect you for exercising your rights.

 

[garrula lingua]

A Prosecutor can add charges, all the way up to jury trial.

Be careful, when a case is set for trial a Pros will review and may add new charges.
I don't think you are in a position of strength here.

 

[Smorgan125]

Well ****.. Does this mean I should just pay the $400 fine and be happy I didn't get an underage?
The prosecutor in this case would most likely be the cop who arrested me. Does that make a difference in any way?

 

[seniorjudge]

Well ****.. Does this mean I should just pay the $400 fine and be happy I didn't get an underage?
The prosecutor in this case would most likely be the cop who arrested me. Does that make a difference in any way?

Pay the fine and be happy that's all that happened to you.

You don't have a defense.

 

[Smorgan125]

One last chance here

Alright, I understand this is a gamble. But isn't it true that if the cop doesn't show up for the trial, then I immediately get off? Is this even a good chance to take? I can say that I didn't show the police any resistance and I was completely cooperative with them. So I don't see them feeling any vengeance towards me.

Also I believe I have a defense against the disorderly conduct. The cop wrote on the citation that I was being a "public disturbance". That simply isn't possible if I am inside the house the whole time. The cop also wrote other stuff on it like that probably to just fill out the form. I can see myself getting out of the disorderly but getting into an underage which is even worse. Then I get the same fine, classes and I lose my liscence.


Thanks for all the help, I'm understanding my case a lot more now. I realize I'm being a little persistent here, but $400 is a lot of money for me and I can't exactly afford it. I also don't know much about the law but I am just trying to save myself as best as I can. So if anyone has some good actions/ideas for me to consider, please be my guest and guide me.