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Disorderly Conduct in Massachusetts

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  • 07-07-2010, 09:19 AM
    katkota
    Disorderly Conduct in Massachusetts
    My question involves criminal law for the state of: Massachusetts
    Hello;
    I'm new to this forum and i have a question:

    I was arrested and charged with "Disorderly conduct" in MA after an officer gave me a ticket for failing to obey a police officer (he said i moved my car a few inches after he told me to stop), so after i got the ticket i asked him for his name but he won't tell me so i parked my car and went to his car to get the license plate number and told him (see you in court), he got really mad and start to yell at me and telling me (you want to go to Jail?) and came very close to me and making a fest.
    The officer called for a backup and said i was yelling at him and threatened him by saying (you're going to pay) which i really did not.

    He also said in his report i told him he was doing this because i'm from "Pakistan". this is a lie too because i'm from Egypt.

    I was arrested and booked on "disorderly conduct" charges. the next day i went to court and was continued after 30 days.
    my question is:

    1. Would i go to jail for that? or only pay a fine?
    2. Is this a Felony?
    3. would it show on my record?
    4. Do i need a lawyer for this?
    5. Can i be arrested because i yelled at officer or talked back to him?

    Help please on what to do.

    Thanks in advance
  • 07-08-2010, 08:58 PM
    Mr. Knowitall
    Re: Disorderly Conduct in Massachusetts
    Disorderly conduct is a criminal offense that carries a possibility of jail time. It would make sense for you to work with a lawyer. I assume we're talking about this statute:
    Quote:

    Quoting MGL Chapter 272, Section 53. Penalty for certain offenses
    Common night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.

    Depending on the full facts, you may be able to convince a court that your conduct was not sufficient to justify the charge. See, e.g. LaFrenier v. Kinirey, 478 F. Supp. 2d 126 (Dist. Court, D. Massachusetts 2007).
  • 07-09-2010, 02:57 PM
    Brian Simoneau
    Re: Disorderly Conduct in Massachusetts
    You should be careful not to plead guilty to or get convicted of the charge of refusal to obey a police officer, as it will trigger an automatic 60 day license suspension. See G.L. c. 90 § 25, 540 CMR 2.06(5)(b)(4). Many people are not aware of this consequence until they receive the suspension letter from the Registry. Refusal to submit is one of the 64 ways to lose your license in Massachusetts.
  • 07-10-2010, 06:52 PM
    katkota
    Re: Disorderly Conduct in Massachusetts
    Thanks for the hint Brian
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