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  1. #1
    Join Date
    Nov 2009
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    Default Public Disorderly Conduct

    My question involves criminal law for the state of: SC

    The story:

    In a college housing community, two students walked back from a party that was up the street via cutting through backyards. The two lived at different houses on the same trajectory (student a's house is four or five houses up from student b's). When student b arrived at his house, there were five or six police officers trying to look through the blinds of his house. Student b approached the officer with a beer in his hand (stupid) but was not by any means drunk or acting drunk. The officer said that he saw a person run into the house from a party and suspected underage drinking and demanded that student b open the door or get his roommate outside. Student B declined to open the door, and student A asked if running into a house constitutes probable cause.

    To this the officer responded that he would "show" the two students probable cause, and proceeded to clear the doorway and said that the student could either open the door, or he would knock it down.

    Student B then responded to this by saying that he was not sure if this house was even his, since from the back all the houses look identical, esp. at night. The officer asked what number the two students lived in, and student A responded with his address, who the officers assumed belong to both students. They then brought the students to the front of the house and saw that the address was not the same and told the students it was not their house. Student B then started asking a lot of questions to which the police officers began to get annoyed. The security guard on the property then came and identified that student B lived in the house, to which the police became angry having felt they have been mislead. A police officer told student B to cooperate because he had the power to arrest him right then and there, student B (angry, but composed) said he could not arrest him because he hadn't violated any law.

    To this the officer responded by telling student B that he was under arrest for Drunken Disorderly Conduct (Public Disorderly Conduct) because he was too intoxicated to know where he lived. Student B knowing he was screwed at this point, then became very cooperative. He asked for a breathalyzer, the officer refused to give him one saying he did not need a breathalyzer to make the arrest.

    Student B was held overnight (the arrest was at 1am) saw a judge the next morning and was released and charged with public disorderly conduct.


    So far this is Student B's strategy:

    He will show up for the preliminary hearing and plead not guilty, requesting a trail by jury. He hopes that in a state where they are very backlogged this may get the judge to offer some sort of deal to avoid spending the time and effort for such a small misdemeanor. He plans to do this step representing himself, as to avoid paying for a lawyer unless absolutely necessary (being if the case goes to trail).

    But there are some things that are unclear,

    1. It is normal practice to make a counter offer to the judge? For example if the judge were to say, we will drop the charges if student b does 20 hours of community service, is it considered acceptable to try and lower the amount of hours to 10?

    2. If the case were to go to trial, how likely would it be (with proper legal advisement) for student B to win the case?

    3. Is student B's strategy here a sound way to handle the mess he is in?

    Thanks in advance for any input.

    Here is the wording of the law for the state:
    SECTION 16-17-530. Public disorderly conduct.

    Any person who shall (a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or (c) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge any gun, pistol or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Public Disorderly Conduct

    Judges don't offer plea bargains. For those, you need to talk to the prosecutor. I doubt that the prosecutor is going to feel so overworked that he just lets you walk, but by all means see what offer is on the table. I expect that they'll offer you something.

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