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Disorderly conduct - Should I fight it?

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KTM300

Junior Member
What is the name of your state (only U.S. law)? Montana

Hi, I left the bar a few nights ago with four of my friends. We were walking down the side walk with the four of them walking in front of me and I ended up walking next to a guy that I have met before, but am only acquaintances with. For some unknown reason he decides to grab me and wrestle me to the ground. I put him a head lock and am just holding him there hoping he will quit and leave me alone. No punches are thrown by either party. The next thing I know I am being grabbed by a police officer and pulled off. I tell him that we are friends (a lie) and just wrestling, but he hand cuffs me and hauls me in. I am nothing but cooperative. The other party is also hand cuffed and hauled to the jail parking lot, but released without being charged. I ask why he is being released and I am not and the police officer says that he had his arms out when he walked up and wasn't fighting, so I am the guilty party. My friends say that he saw the police man coming and stuck his arms out at that point. I was processed and charged with disorderly conduct.

A few days later I talk to a friend of mine that graduated with the guy that grabbed me and he tells me that the guy just likes to wrestle people when he gets drunk. I guess I was just in the wrong place, at the wrong time.

I am not a fighter and have never started a fight in my life. I am not a violent person in the least. I have a completely clean record. I could have fifty people testify to my character.

I have the option of paying an $185 fine or going to court. Part of me wants to fight the charge, because I know I wasn't at fault. The other part of me is guessing that I have little chance of getting out of it and says I should just save the time and trouble and pay the fine.

If I go to court and am found guilty, I would be in the police blotter of the local news paper and some my family and friends will likely see it. I would like to avoid that.

Do I have any case to get the charge dismissed? Should I just pay the fine and be done with it? Thanks for any and all advice!
 
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commentator

Senior Member
Pay the fine. Your chances based on what you present here of coming across as the innocent party in this situation are not real good. The story doesn't play well. You and your other drunk friends may be telling each other one thing and not another that you "think" happened, or you or they "think" they saw, but your testimony will not be impressive when you get to court. Pay the find and move on.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Montana

Hi, I left the bar a few nights ago with four of my friends. We were walking down the side walk with the four of them walking in front of me and I ended up walking next to a guy that I have met before, but am only acquaintances with. For some unknown reason he decides to grab me and wrestle me to the ground. I put him a head lock and am just holding him there hoping he will quit and leave me alone. No punches are thrown by either party. The next thing I know I am being grabbed by a police officer and pulled off. I tell him that we are friends (a lie) and just wrestling, but he hand cuffs me and hauls me in. I am nothing but cooperative. The other party is also hand cuffed and hauled to the jail parking lot, but released without being charged. I ask why he is being released and I am not and the police officers says that he had his arms out when he walked up and wasn't fighting, so I am the guilty party. My friends say that he saw the police man coming and stuck his arms out at that point. I was processed and charged with disorderly conduct.

A few days later I talk to a friend of mine that graduated with the guy that grabbed me and he tells me that the guy just likes to wrestle people when he gets drunk. I guess I was just in the wrong place, at the wrong time.

I am not a fighter and have never started a fight in my life. I am not a violent person in the least. I have a completely clean record. I could have fifty people testify to my character.

I have the option of paying an $185 fine or going to court. Part of me wants to fight the charge, because I know I wasn't at fault. The other part of me is guessing that I have little chance of getting out of it and says I should just save the time and trouble and pay the fine.

If I go to court and am found guilty, I would be in the police blotter of the local news paper and some my family and friends will likely see it. I would like to avoid that.

Do I have any case to get the charge dismissed? Should I just pay the fine and be done with it? Thanks for any and all advice!
Were you charged with disorderly conduct under the state law (http://leg.mt.gov/bills/mca/45/8/45-8-101.htm) or under a city ordinance?

Whenever you are charged with a crime, it can be important to see an attorney to discuss your options. Although paying a fine can be the easiest way to dispose of the matter, pleading guilty to even this minor misdemeanor can have serious future consequences.

If this is your first offense, it could be possible to get the charge dismissed and, later, all records of your arrest and the charge expunged.

In other words, I disagree with the advice offered by commentator. I recommend you speak with an attorney in your area for a review of the facts and advice based on this review.

Good luck.
 
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commentator

Senior Member
Sorry, I guess I was under the impression that paying the fine was instead of going to court, being charged, or anything that would leave a lasting stain. And I very much agree that its never a good idea not to do everything in your power to avoid any kind of charges. But going to court without an attorney and with this story doesn't appear to be something that would work well.
 

quincy

Senior Member
Sorry, I guess I was under the impression that paying the fine was instead of going to court, being charged, or anything that would leave a lasting stain. And I very much agree that its never a good idea not to do everything in your power to avoid any kind of charges. But going to court without an attorney and with this story doesn't appear to be something that would work well.
Many people think it is easier just to pay a fine than to go to court and fight the charge - and, of course, it is. But these same people are then often unpleasantly surprised when they find they can't get into a college or their financial aid is cancelled, or they have problems finding a job with a criminal record, or their travel out of the country is restricted, or the rates they pay for loans and insurance are outrageously high ...

A criminal record, even one with only a single seemingly minor misdemeanor, can wreak havoc on a person's life.

Paying a fine is admitting guilt. You should NEVER admit to committing a crime until you have discussed your options with an attorney - regardless of how apparent it is to everyone including yourself that you are guilty of the crime.

There are often ways to get charges dismissed, if not on a technicality then through a diversion program.
 

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