
Quoting
anon_
My question involves criminal law for the state of: Ohio
Charge----------------------------------
I am charged with Disorderly Conduct M4
which the statute states:
" No person, while voluntarily intoxicated, shall do [sic] the following:
Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another. "
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Situation--------------------------------
While at a private residence the police were called due to an altercation. I was not involved in the altercation, although I was intoxicated.
The police asked me questions that I refused to answer. Then, while talking to the owner of the house, I was told to "shut up." This angered me, but I did not become belligerent. I simply stated, "I have first amendment rights, and it's not fair to be treated in this manner." He arrested me and charged me with the above crime.
I do not have a copy of the police report (yet) and think that I was incorrectly identified as a participant in the altercation. If I was or wasn't, I think that I was unjustly arrested.
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Afterthoughts/Questions------------------
I spent the night in jail and was arraigned. I pled not guilty and posted bail.
My question is: should I fight this? I do not have the money for representation, but feel that this crime does not apply to my situation. I wasn't rude to the cops, but even if I were, I don't think that constitutes "risk of physical harm."
I have no criminal record and am generally a stand-up citizen (volunteer, donate blood, regularly vote, etc.). I can get witnesses attesting to the above facts as well.
What would you do in my situation?
Do you think I can beat this?
Should I rely on public representation?
What are the next steps to the legal process? (I really have no idea what's coming)
What would you recommend I say/not say in the legal proceedings as to not incriminate myself or alienate the judge?
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I will try to answer any questions regarding the case as quickly as possible.
Any help/advice would greatly be appreciated, thanks.