QUESTION
I am being charged with a summary disorderly conduct engaged in fighting what should I do now?
Asked on Dec 07th, 2012 on Criminal Law - California
More details to this question:
My neighbor was yelling racial slurs in her home that I clearly heard her in my home, knocked on her door to ask if she could refrain from such loud things and she started to get agitated and yelling at me. She told me to shut up or she would come downstairs and shut me up. I in return told her if she came down to shut me up, I would ring her neck. She immediately called police and I got cited. The police did not ask me what happened, did not take a statement took my info. Told me I was getting written up and then sent me a citation.
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You're going to need a defense attorney. Because you were on the neighbors property that is where the altercation took place the police assumed that you were the aggressor.
Answered on Dec 11th, 2012 at 9:27 PM
John J. Carney
You should not threaten a person since that is a crime, especially when you are in their home. You do not have the right to harass or threaten a person, even if they are saying something offensive.
Answered on Dec 09th, 2012 at 8:22 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 09th, 2012 at 7:39 PM
Michael J. Breczinski
Well get a lawyer and fight the matter. The other person should have been cited for causing a disturbance. It sounds like you did nothing wrong.
Answered on Dec 09th, 2012 at 7:03 PM
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Collect your witnesses from other neighbors that hear the exchange because it sounds like she was guilty of what you are charged with, disorderly conduct. Also, when threatened you should refrain from verbally saying anything back to the other person that could be viewed as a threat. In this way you will not be accused of make a threat just that you held your ground to protect yourself. Good Luck.
Answered on Dec 09th, 2012 at 6:56 PM
Hire a lawyer. This is a relatively minor charge, and an experienced lawyer should be able to negotiate with the Judge for a dismissal.
Answered on Dec 07th, 2012 at 3:46 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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Get a lawyer. I'd need to review all the witness statements, etc. before I could tell you what my strategy would be. Unfortunately, the one who calls the cops first usually gets the benefit of the doubt in these kinds of cases.
Answered on Dec 07th, 2012 at 2:19 PM