Disorderly Conduct on My Property

[weatherman]

My question involves criminal law for the state of: Wisconsin (Milwaukee)

First off... It was just 5 days ago that I was charged with a DC for being intoxicated and loud on my roof. My neighbor and I spoke (myself from the roof) around 5:50 am because he leaves for work at 6am M-F. I wasn't seen by the officers on the roof, but I was inside making pancakes shortly after the conversation with my neighbor when they (police) arrived to warn me initially of the complaint. Keep in mind the sun was up and people were leaving for work.

I later went outside (20-30 mins later)to water plants and put small 6" posts in the ground when two squads pulled up and told me put my hands on the hood of their cruiser. So I complied physically, but wasn't entertained verbally. I never used verbage directed at the arresting officer that would have been demeaning or vulgar. However when he decided to not use his blinker to signal on numerous turns that's when I decided he should know he was a bad cop.


Secondly... I'm a disabled veteran who suffers from insomnia and social anxiety. I take two VA administered prescriptions and speak with doctors every other month that help me cope. This would help explain why I was up all night and drinking alone. (for shame )

So far... I have found out that If I plead not guilty the witness (caller complainer) has to appear in court. My mother called the arresting officer to find out what happened and got his side of the story. I don't believe what he said. Supposedly they have a in car camera that shows the whole arrest. (I really want to show the judge this).

Three questions:

1.) What would be the best way to approach this scenario... not guilty, no contest, guilty? I really want to do communtiy service and have this taken off my record. I have already written personal appology letters to the three officers who apprehended me that morning, but haven't delivered them. (((first ever offense) in WI) (speeding in CA))

2.) How long does a DC stay on my record... can I ever get it off?

3.) The officer never wrote a time of incident on my ticket... does that affect me in any benificial way?

Thanks so much!!!
~J.D.

[joyfuldae32]

1.. Since it appears you were intoxiated, (with or without an excuse) you may consider pleading "no contest" and requesting to go through a "pretrial diversion program" if WI has one. Such a program in many states will at least divert you from going through court and have you go to some counseling and do some community service and in many cases this program will "seal" your records after you successfully complete the program. A few programs will even allow you to apply to have your record expunged after completing the program. (this varies by state) Otherwise without the PTD program, if you are guilty, that stays on your record in most cases. If guilty you may also consider requesting to have the charges dismissed because of your medical condition. (long shot?)

2. Misdemeanors stay on your record permanently.
3. No time on the ticket is no biggie, just a clerical error in most cases.
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NOTE: I am not a lawyer. This just my opinion based on past legal research, and so this informaton may or may not be accurate. I suggest you contact a lawyer to be sure of your options. A lot of lawyers will give you an intial free consultation if you call or go by to discuss your case. Call the bar association in your state and ask for a lawyer who offer free consultation.

[weatherman]

So you're telling me a Disorderly conduct is a Misdemeanor, correct?

[BOR]

So you're telling me a Disorderly conduct is a Misdemeanor, correct?

Without looking, yes.

If you were cited under a Municipal ordinance, it was indeed a Misdemeanor, as such can NOT legislate Felonies.

No state in the country authorizes Home rule authorities to pass Felony ordinances.

I seriously doubt such is classified as a Felony under state law unless it was such as a mitigating statute as a 3rd or 4th offense/similar offense being charged, (sentence enhancement), or coupled with an additional element such as 3-4 or more persons engaging in such behavior in concert??