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Disorderly Conduct, Resisting Arrest?!

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D

detz

Guest
Plymouth, NH
I'm a college student and I went downtown the other night to have some drinks with some friends. One of my friends had too much and I offered to walk him home. On are way out we made a little scene and the bouncer kicked us out, while outside a state trooper drove by and called the local police. When they showed up I was upset because I was just trying to talk a friend home. I was yelling at them, I was drunk so I was swearing and stuff but nothing physical. After arguing they finally put me in cuffs and arrested me. I woke up in the morning and found that I was charged with disorderly conduct and resisting arrest. My question is what are the chanced I'm going to get jail time? The friends that witnessed the even said I made no physical attempt to resist arrest just verbal, am I more likely just to get fined? Also, I don't have $$ to pay for a lawyer and they can't appoint one until my arraignment but I don't know what I should plea, should I plead guilty?
 


enjay

Member
Assuming you have a clean record, your chances of jail time are about nil. Get your court appointed attorney and let him/her handle it.
 
D

detz

Guest
So you think I should plead not guilty on the arrainment and get an attorney appointed to me?
 
B

biker11

Guest
plead not guilty . also have your friends be witnesses to the fact that you did not resist arrest.next time don't swear at a cop. they hate that. more than likely they will offer you a chance at youthful offender status. meaning that once you complete probation successfully your record will be erased.that is if it's your first offense. otherwise you'll probably get probation and community service.. like 25 hours. good luck.. and don't admit to being guilty of anything.
 
D

detz

Guest
Well I am guilty of disorderly conduct because I was swearing in a public place. Also, there were like 4-5 cops there because this small town has nothing better to do, will they have a cop as a witness if I have a hearing? Is there anyone I can talk to for free that can tell me what to do, the lady at the court house said they can only assign me a lawyer once I've gone to my arraignment.
 
T

TB185

Guest
Before doing anything, call the court clerk. You may only have to pay a fine and court costs. If you have a clean record, you may be able to get a deferred sentence to keep the charges off your record. Contact the city attorney and work out a deferred sentence, pay the costs, go home, and stay out of trouble.
 
D

detz

Guest
I alrady have the court date, should I still try and get it differed? Who should I ask to speak with when I go in and what exactly should I say?
 
T

TB185

Guest
The judge sets the guidelines for the prosecutor on what he/she will accept on plea agreements. It varies from judge to judge. Talk to the prosecutor. I would call him ahead of time and ask for a deferred. He/She will either assist you at this time, or tell you to contact him/her on the court date. A lot of times they will try to help you before the court date. This aids them in streamlining the rush during the docket call on the court date.

I was not clear on whether the charge was a municipal charge or district charge. Most municipalities want the money. They will only put you in jail if you can't pay. The district is generally the same way on petty offenses like this, but it is more likely to jail you if you have been a problem child.

Like I said in my previous post, call the court clerk first. If it is just a fine, you can probably handle it yourself. If jail time is a real possibility, then you might want to get an attorney.
 

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