Charged with disorderly conduct

[brockd]

To begin with me and my mom hate each other and I live in wisconsin and I came home to being grounded. It was 10:45 and I had been at some friends houses and came home late. I walk in the door to find my mom screaming at me telling me to leave the house and that I'm getting kicked out. I agree to leave and as I'm packing my stuff my mom decides to help me and throws my 200$ benq computer monitor on the floor and it breaks. I put the stuff in my car and run into the house one last time to grab my school bag and the door is locked. I hear my mom saying "I'm calling the police" So I just sit on the couch. Meanwhile I hear here on the phone call and shes telling them that I'm out of control and being aggresive which isnt true at all. I was only sitting on the couch being calm, I even have a video to prove I was sitting calm when she was telling the police I was out of control. So anyways the cops show up and they pretty much don't listen to my side of the story at all. They seem super concered with my mom and seem to belive and listen to the lies she was telling them. Next thing I know the officer writes up me a 700$ ticket for disorderly conduct. I don't understand how I recived the ticket if my mother was the one screaming and the one breaking stuff. To me it sounds like she was the on out of control. I questioned the cops on the ticket but they were being very rude and not giving me any answers. What should I do in court?

 

[adjusterjack]

Your age, please?

 

[justalayman]

What should you do in court? Allow your attorney to defend you

947.01  Disorderly conduct.
(1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

As is typical in most states, wisconsins law on disorderly conduct is vague. Almost any activity can be cited as DO if there is a complainant saying they were disturbed by the defendants actions.

That is an especially important reason you need an attorney to defend you. There could be defenses based on the lack of independent confirmation of your mother's claims or that the conduct does not rise to the level your state has determined through case law to be considered disorderly conduct. This is not a DIY project.

 

[brockd]

Your age, please?

Im 16 and I have never been in trouble with the police

 

[justalayman]

Im 16 and I have never been in trouble with the police

IF you are obligated to appear before the juvenile justice system steps in, make sure you do show up as directed. Do not admit to anything. Do not do anything other than pleading not guilty and requesting an attorney be appointed to represent you.

 

[brockd]

What should you do in court? Allow your attorney to defend you



As is typical in most states, wisconsins law on disorderly conduct is vague. Almost any activity can be cited as DO if there is a complainant saying they were disturbed by the defendants actions.

That is an especially important reason you need an attorney to defend you. There could be defenses based on the lack of independent confirmation of your mother's claims or that the conduct does not rise to the level your state has determined through case law to be considered disorderly conduct. This is not a DIY project.

Will i be provided with a attorney as a 16 year old?

 

[justalayman]

Will i be provided with a attorney as a 16 year old?

I haven't checked wisconsin's rules but most probably; yes.

Often the income of a parent is used to determine the ability of an under age defendant to be appointed a public defender but the juvenile system also is charged with treating the defendant differently because they are under age. I suspect you will be contacted and interviewed by somebody from your state's juvenile justice system before you are required to appear in court but in case you aren't, be sure to show up as required by any notice you are given. Plead not guilty and ask that an attorney be appointed to represent you.

Do not talk about the facts of the incident to ANYBODY other than an attorney that is representing you. Anybody you talk to can be utilized as a witness against you. It's time to stop talking about this to anybody other than your lawyer.

 

[brockd]

IF you are obligated to appear before the juvenile justice system steps in, make sure you do show up as directed. Do not admit to anything. Do not do anything other than pleading not guilty and requesting an attorney be appointed to represent you.

thank you for the advice

 

[brockd]

I haven't checked wisconsin's rules but most probably; yes.

Often the income of a parent is used to determine the ability of an under age defendant to be appointed a public defender but the juvenile system also is charged with treating the defendant differently because they are under age. I suspect you will be contacted and interviewed by somebody from your state's juvenile justice system before you are required to appear in court but in case you aren't, be sure to show up as required by any notice you are given. Plead not guilty and ask that an attorney be appointed to represent you.

Do not talk about the facts of the incident to ANYBODY other than an attorney that is representing you. Anybody you talk to can be utilized as a witness against you. It's time to stop talking about this to anybody other than your lawyer.

also will the public attorney be free or will i have to cover the costs?

 

[justalayman]

From Dane County's website (the law should be applied the same across the state)

If a Public Defender is appointed, the Court will order that the parent(s) pay for this representation. The Public Defender will determine the cost based on the nature of the charge. The Judge will enter an order of recoupment - Court Order that states the parent must reimburse the State for legal costs. Parents have the right to appeal this order to show indigence. Information about the appeal process will be provided once the case is concluded.

 

[stealth2]

What time were you supposed to be home?

 

[cbg]

Of course it goes without saying that the whole thing could have been avoided had you simply been home when you were supposed to be.