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Public Misconduct

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verhoef.3

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


I was celebrating with my friends a couple weeks ago and ended up having a few drinks. I was in control of my faculties, but had a lapse of judgement. I wasn't falling over myself or slurring my speech. My friends walked into the bar and I was stopped. Officer at the door looked at my ID and asked my birthday and address. I calmly replied with the correct address and birthday. I was told I wouldn't be allowed in, along with my brother who was also turned away. This had never happened to either of us before, so we waited a few minutes and jumped back in line. Same thing happened. I laughed in disbelief and decided to be a smart-ass and ask for a badge number. Boy, the officer did not like that. I look to my right and my brother was being handcuffed! Apparently he had the same attitude and had put a hand on the officer's shoulder to whom he was speaking. That officer saw this as aggression and promptly and forcefully handcuffed him. I started to freak out and yelled at them, this ended up getting me handcuffed.

We sat on the curb, handcuffed, for what seemed to be about a half an hour. Several hecklers came up and started giving us ****. After a few, my brother and I started flinging insults back, which several of which caused the 4 officers who congregated at the scene to laugh their asses off. We were finally released and given citations for public misconduct. We apologized to the officers that were present and admitted a severe lapse in judgement. The officer informed us that the charges would more than likely be dismissed, as he didn't have any intention of showing up at court. We were never subjected to a sobriety test and plead not guilty at the arraignment. He said we seemed like good kids who made a mistake.

I have had maybe 2 parking tickets and a speeding ticket, but have never been convicted of any sort of criminal charge. I graduated college with honors and believe I have a clean record. Same as my brother. Neither of us want these charges to be on our record. However, we would rather not have to pay an expensive attourney if it could be avoided. Do you guys think its necessary to hire an attorney to fight the public misconduct charge, given the above circumstances?
 


quincy

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


I was celebrating with my friends a couple weeks ago and ended up having a few drinks. I was in control of my faculties, but had a lapse of judgement. I wasn't falling over myself or slurring my speech. My friends walked into the bar and I was stopped. Officer at the door looked at my ID and asked my birthday and address. I calmly replied with the correct address and birthday. I was told I wouldn't be allowed in, along with my brother who was also turned away. This had never happened to either of us before, so we waited a few minutes and jumped back in line. Same thing happened. I laughed in disbelief and decided to be a smart-ass and ask for a badge number. Boy, the officer did not like that. I look to my right and my brother was being handcuffed! Apparently he had the same attitude and had put a hand on the officer's shoulder to whom he was speaking. That officer saw this as aggression and promptly and forcefully handcuffed him. I started to freak out and yelled at them, this ended up getting me handcuffed.

We sat on the curb, handcuffed, for what seemed to be about a half an hour. Several hecklers came up and started giving us ****. After a few, my brother and I started flinging insults back, which several of which caused the 4 officers who congregated at the scene to laugh their asses off. We were finally released and given citations for public misconduct. We apologized to the officers that were present and admitted a severe lapse in judgement. The officer informed us that the charges would more than likely be dismissed, as he didn't have any intention of showing up at court. We were never subjected to a sobriety test and plead not guilty at the arraignment. He said we seemed like good kids who made a mistake.

I have had maybe 2 parking tickets and a speeding ticket, but have never been convicted of any sort of criminal charge. I graduated college with honors and believe I have a clean record. Same as my brother. Neither of us want these charges to be on our record. However, we would rather not have to pay an expensive attourney if it could be avoided. Do you guys think its necessary to hire an attorney to fight the public misconduct charge, given the above circumstances?
If you were ticketed for disorderly conduct, this is a minor misdemeanor in Ohio and does not become part of your criminal history. It is punishable by a $150 fine (and, I believe, community service hours may be ordered).

For the law: http://codes.ohio.gov/orc/2917.11 and http://codes.ohio.gov/orc/2929.28

You could probably handle paying the ticket without the services of an attorney.
 

verhoef.3

Junior Member
Well I have never been in trouble with the law or convicted of a crime, so I guess I have a clean record. I have gotten a speeding ticket, I'm not sure if that counts.
 

quincy

Senior Member
Well I have never been in trouble with the law or convicted of a crime, so I guess I have a clean record. I have gotten a speeding ticket, I'm not sure if that counts.
You would probably know if you had a criminal record.

If you are interested in learning what shows up on your record, you can do a background check of yourself in a couple of different ways in Ohio. The following link to the Office of Criminal Justice Services tells you how: http://www.ocjs.ohio.gov/background_check.stm

Whatever your criminal history shows, if anything, the disorderly conduct violation (if that is, in fact, what you were ticketed for) should not be a part of it.
 

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