What is the name of your state (only U.S. law)? Pa
Last night, after finishing 3 drinks about 3 hours before hand, a friend and I were at Royal Farms (a convenience store) getting food. Some random girl that I had no association with, knocked down a glass piece of their deli kiosk and it shattered on the floor. The girl working, who was already yelling at the drunks ordering food and at the people complaining about their food, proceeded to start yelling at the girl saying "she isnt going anywhere" She needs her name and a number so she can be charged with destruction of property. The girl refused to, ect. I told the girl working that its not destruction of property because there was no malicious intent. (the law says: intentionally or recklessly) What happened was an accident. She told me fine she would just call the cops, and got out her phone. I told her that's fine, knowing I personally had done nothing wrong. Mean while the girl who knocked down the glass leaves. Once the officers get there they talk to the worker for a second and then come over to me. I tell them what happened. He asked if we were drinking, and I told him we had had three drinks about 3 hours prior. They said they wanted to run our IDs, ok fine. After the cop comes back inside he talks to the worker for a couple minutes. He then goes over to the other cop and talks to him for a couple minutes. Mean while, we have been waiting to leave. I asked for our Drivers licenses back. He refused. I asked if he could hold our i.d's if he wasnt detaining us or charging us with something.He the proceeds to tell me that I am getting a disorderly conduct charge. I asked him on what basis. He told me I was being loud and disruptive and that I was refusing to leave when I was asked by the store members to do so. I told him I was not being loud or argumentative in anyway. I simply told the worker that she was wrong and that Royal Farms is most certainly PUBLIC property, not private as she had stated to the person that broke the glass. Then I sat and waited for food quietly. Why would I be asked to leave if they just called the police. Regardless the cop said Im not explaining it to you or debating with you about it, I am simply giving you the citation and you can fight it in court if you want to. At that point I said, Ok thank you officer, and left the store with my friend.
After double checking my legal facts today. It turns out I was 100% right in everything I said to the officers and the worker. 18 Pa.C.S.A. � 3304. says that destruction of property (criminal mischief) is literally the INTENTIONAL or RECKLESS damage of property. The girl in no way intended for the glass to fall and break. No charge. Further more 18 Pa. C.S.A. � 5503 says that disorderly conduct is defined by: A person if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or
tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture;
or
(4) creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of
the actor.
Now, luckily in this particular situation the stores have cameras. These cameras will clearly show that I did not fight, be threatening, or violent. I already stated I wasnt loud. I used no coarse language, and didnt create a hazardous or physically offensive condition. I simply stood and waited for food to get ready. How should I go about fighting this? I was told by an officer in my area that the charge doesnt seem to make sense. He also said that if we purchased goods, then legally they cannot ask us to leave without giving us the merchandise that we paid for.
Where do I stand here? What should I say or do when I have my day in court. I am very concerned with this. It is a summary offense in Pa and carries a 300 dollar fine. I am a part time college student living on my own and trying to get by on a part time paycheck. Also it would be on my permanent record and will make employment and any future legal run ins terrible. Any advice would be appreciated. Thanks,
Kirt
Last night, after finishing 3 drinks about 3 hours before hand, a friend and I were at Royal Farms (a convenience store) getting food. Some random girl that I had no association with, knocked down a glass piece of their deli kiosk and it shattered on the floor. The girl working, who was already yelling at the drunks ordering food and at the people complaining about their food, proceeded to start yelling at the girl saying "she isnt going anywhere" She needs her name and a number so she can be charged with destruction of property. The girl refused to, ect. I told the girl working that its not destruction of property because there was no malicious intent. (the law says: intentionally or recklessly) What happened was an accident. She told me fine she would just call the cops, and got out her phone. I told her that's fine, knowing I personally had done nothing wrong. Mean while the girl who knocked down the glass leaves. Once the officers get there they talk to the worker for a second and then come over to me. I tell them what happened. He asked if we were drinking, and I told him we had had three drinks about 3 hours prior. They said they wanted to run our IDs, ok fine. After the cop comes back inside he talks to the worker for a couple minutes. He then goes over to the other cop and talks to him for a couple minutes. Mean while, we have been waiting to leave. I asked for our Drivers licenses back. He refused. I asked if he could hold our i.d's if he wasnt detaining us or charging us with something.He the proceeds to tell me that I am getting a disorderly conduct charge. I asked him on what basis. He told me I was being loud and disruptive and that I was refusing to leave when I was asked by the store members to do so. I told him I was not being loud or argumentative in anyway. I simply told the worker that she was wrong and that Royal Farms is most certainly PUBLIC property, not private as she had stated to the person that broke the glass. Then I sat and waited for food quietly. Why would I be asked to leave if they just called the police. Regardless the cop said Im not explaining it to you or debating with you about it, I am simply giving you the citation and you can fight it in court if you want to. At that point I said, Ok thank you officer, and left the store with my friend.
After double checking my legal facts today. It turns out I was 100% right in everything I said to the officers and the worker. 18 Pa.C.S.A. � 3304. says that destruction of property (criminal mischief) is literally the INTENTIONAL or RECKLESS damage of property. The girl in no way intended for the glass to fall and break. No charge. Further more 18 Pa. C.S.A. � 5503 says that disorderly conduct is defined by: A person if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or
tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture;
or
(4) creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of
the actor.
Now, luckily in this particular situation the stores have cameras. These cameras will clearly show that I did not fight, be threatening, or violent. I already stated I wasnt loud. I used no coarse language, and didnt create a hazardous or physically offensive condition. I simply stood and waited for food to get ready. How should I go about fighting this? I was told by an officer in my area that the charge doesnt seem to make sense. He also said that if we purchased goods, then legally they cannot ask us to leave without giving us the merchandise that we paid for.
Where do I stand here? What should I say or do when I have my day in court. I am very concerned with this. It is a summary offense in Pa and carries a 300 dollar fine. I am a part time college student living on my own and trying to get by on a part time paycheck. Also it would be on my permanent record and will make employment and any future legal run ins terrible. Any advice would be appreciated. Thanks,
Kirt
