Questions about an 'incident'

[cerveza]

What is the name of your state (only U.S. law)? KY
There was a party, word got out, everyone went, even the cops.
They tried to break the party up and have people leave, people kept hanging around. Then the cops came closer. So I left like they'd been kindly asking. (I heard no one tell me, "stop, come back, freeze, police" - nothing)
A bit away from the party I chatted to 2 other cops about how I was going home - I guess they wrote down some notes about what I was wearing etc (?)
End of the story - some cops came back a couple of days later
520.100 - fleeing/evading, 525.060 - disorderly conduct 2nd degree, 525.160 - failure to disperse, 511.080 - Criminal Trespass 3rd degree

At the party, they told us to leave so I left - what's with both failure to disperse and fleeing/evading? How can they tell me to go home and then charge me for going home? Like I said - I heard no complaints as I was heading out the back.
Disorderly conduct - my understanding is that has something to do with 'in public' (I'll find the actual words)? - I was on private property.
Criminal Trespass - if a party is advertized out there on the internet (yes, facebook) would there not be presumption of an invite to be on the property? If there's an open party that you can just walk up on...?

 

[dave33]

What is the name of your state (only U.S. law)? KY
There was a party, word got out, everyone went, even the cops.
They tried to break the party up and have people leave, people kept hanging around. Then the cops came closer. So I left like they'd been kindly asking. (I heard no one tell me, "stop, come back, freeze, police" - nothing)
A bit away from the party I chatted to 2 other cops about how I was going home - I guess they wrote down some notes about what I was wearing etc (?)
End of the story - some cops came back a couple of days later
520.100 - fleeing/evading, 525.060 - disorderly conduct 2nd degree, 525.160 - failure to disperse, 511.080 - Criminal Trespass 3rd degree

At the party, they told us to leave so I left - what's with both failure to disperse and fleeing/evading? How can they tell me to go home and then charge me for going home? Like I said - I heard no complaints as I was heading out the back.
Disorderly conduct - my understanding is that has something to do with 'in public' (I'll find the actual words)? - I was on private property.
Criminal Trespass - if a party is advertized out there on the internet (yes, facebook) would there not be presumption of an invite to be on the property? If there's an open party that you can just walk up on...?

I strongly suspect that if you agree to a plea than some charges will be dropped. If you want to see the reason you were charged for all the offenses than request a copy of the report through your attorney. goodluck.

 

[cerveza]

Here it is -

525.060 Disorderly conduct in the second degree.

(1)

A person is guilty of disorderly conduct in the second degree when in a public place
and with intent to cause public inconvenience, annoyance, or alarm, or wantonly
creating a risk thereof, he:
(a) Engages in fighting or in violent, tumultuous, or threatening behavior;
(b) Makes unreasonable noise;
(c) Refuses to obey an official order to disperse issued to maintain public safety
in dangerous proximity to a fire, hazard, or other emergency; or
(d) Creates a hazardous or physically offensive condition by any act that serves no
legitimate purpose.
Disorderly conduct in the second degree is a Class B misdemeanor.

PUBLIC place? I don't understand how this applies to people on private property?

 

[dave33]

Here it is -

525.060 Disorderly conduct in the second degree.

(1)

A person is guilty of disorderly conduct in the second degree when in a public place
and with intent to cause public inconvenience, annoyance, or alarm, or wantonly
creating a risk thereof, he:
(a) Engages in fighting or in violent, tumultuous, or threatening behavior;
(b) Makes unreasonable noise;
(c) Refuses to obey an official order to disperse issued to maintain public safety
in dangerous proximity to a fire, hazard, or other emergency; or
(d) Creates a hazardous or physically offensive condition by any act that serves no
legitimate purpose.
Disorderly conduct in the second degree is a Class B misdemeanor.

PUBLIC place? I don't understand how this applies to people on private property?

Who knows? The officer could claim he witnessed you acting disorderly when you left the party. Again, if you want to know how they are going to substantiate these charges, wait for the report.

 

[cerveza]

Who knows? The officer could claim he witnessed you acting disorderly when you left the party. Again, if you want to know how they are going to substantiate these charges, wait for the report.

They didn't really see much of me from the point I decided to cut through to the back and leave.
When do these reports start being available?

 

[dave33]

They didn't really see much of me from the point I decided to cut through to the back and leave.
When do these reports start being available?

If you decide to reject the plea and fight this they may be hard for you to obtain. Sometimes it takes an attorney to put in a motion for discovery.
That being said, you can always just ask and see what happens.

 

[CdwJava]

525.010 (3) ...

"Public place" means a place to which the public or a substantial group of persons has access and includes but is not limited to highways, transportation facilities, schools, places of amusements, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.​

So, you see that private property can be a "public place" so far as the law in KY is concerned. If this was a backyard where access was freely granted and available, it is likely this is a public place. However, your attorney can evaluate all the details and make the appropriate defense motion or other action as appropriate.

If charged, your attorney can get the reports through discovery - likely after arraignment. As mentioned, you can always ask the prosecutor or the police for the reports, but they may not provide them to you directly.

 

[cerveza]

Thanks dave33 and CdwJava.

So if it annoys the neighbors it can become disorderly conduct in a public place?

Any thoughts then on 'criminal trespass' if it's now a 'public place'?

 

[LdiJ]

Thanks dave33 and CdwJava.

So if it annoys the neighbors it can become disorderly conduct in a public place?

Any thoughts then on 'criminal trespass' if it's now a 'public place'?

You obviously did get a mixture of contradictory charges. Its almost as if the police threw everything at you that they could possibly think of, hoping that you would plead guilty to at least one of the charges. Giving you both evading/fleeing and failure to disperse in particular seems wacky to me. Talk to an attorney.

 

[cerveza]

Its almost as if the police threw everything at you that they could possibly think of, hoping that you would plead guilty to at least one of the charges.

Yeah, it feels a lot like that.

 

[davew128]

If you decide to reject the plea and fight this they may be hard for you to obtain. Sometimes it takes an attorney to put in a motion for discovery.
That being said, you can always just ask and see what happens.

It doesn't take an attorney to obtain discovery. Some jurisdictions provide police reports at the arraignment. Even if they don't, its a simple matter for even a Pro Se defendant to make a basic discovery motion of their own. Its not going to be rejected.