Shocked At My Husband... HELP!

[AnonForThis]

I need to post anonymously since I am mortified about this. I returned home from a weekend away to find out that my husband was cited for disorderly conduct yesterday. It seems that he got a bit carried away cheering at a sporting event, and somehow the police got involved.

This is so completely out of character for him, and we are beside ourselves. Neither of us have ever been in any trouble with the law before. He was cited, not arrested, but has to appear in court whether he pleads guilty or not guilty. It seems that the worst case scenario is a small fine, and probably a black mark on his permanent record.

I''ve read some things online that suggest that you just pay the fine and move on with your life, kind of like a traffic ticket. However, the fact that he is required to appear in court makes me wonder if it''s a bigger deal than that. Does he need a lawyer? Is it worth pleading not guilty, since it''s his word against an officer''s? He would gladly pay the fine, but wonders if there''s a way to expunge it from his record.

His biggest concern is the impact it could have on future employment prospects -- he could be asked about it on a job application, or it could come up in a background check.

We know nothing about navigating the legal system, and don''t even understand if he''s being charged with a misdemeanor. Any insight you could provide would be greatly appreciated.

 

[MichelleCarmen]

You should consult a lawyer rather than PS OR the internet since you don''t know the qualifications of the people online

Expunging is something that takes years after the "act," as far as I know, to be removed from a person''s record. It''s not like you pay a fine and then, voila, record cleared. Talk to a qualified attorney in your county.

 

[Tacori E-ring]

I agree with MC. You need to consult a lawyer. Obviously something happen in order for the police to get involved. Not sure the qualified attorneys on here even have enough details. Remember that this is HIS thing and you have no reason to feel ashamed. Whatever it is he did, you did not do. So you should hold your head high.

 

[yssie]

Thritto - see a lawyer in your county - a good lawyer, who will probably charge a consultant fee. It''s worth it.

 

[PumpkinPie]

I''m sorry to hear about this - it sounds awful for you both. Please consult a lawyer and find out exactly what he is in trouble for/what ramifications it might have

 

[AnonForThis]

Thanks for the replies. I know he needs to talk to a lawyer in order to get real answers. I guess i"m just feeling helpless because it''s Sunday evening so there is no one to call. Not to mention the fact that neither of us has any idea how to go about finding a lawyer for this, especially since the incident happened in another county.
Ugh. I know he feels horrible but, really, he must have done something really stupid in order for this to happen. Just not good all around.

 

[PumpkinPie]

It sounds like you don''t know exactly what he did - has he told you, or does he not remember? I can imagine that that will impact how this plays out!

 

[MissGotRocks]

The best way to secure a satisfactory outcome is to consult an attorney.

Best of luck to you both!

 

[CasaBlanca]

Hope this Link helps you understand better.

I know why you came here, hoping someone with experience may comment and settle your nerves UNTIL you can reach counsel. Hope my post gets you back up at the top where you may have a better chance of a good answer.

I really feel your anguish.

Just get some sleep and go after it full force tomorrow.

Hugs to you ANON

PS. Do you have any of those foam pool float noodles? If you do I would whack your hubby until you feel better. It won't hurt him a bit, but you may be able to relieve the stress.

You two may end up laughing and it may make you BOTH feel better-until tomorrow. Hugs.

 

[Karl_K]

Since he was just ticketed it is misdemeanor disorderly conduct.
Most state the max on ticketable offenses is 30 days/$1000
If you give the state I can look it up.

A lot of people deal with these themselves but it is better to get an attorney.
I would not count on his word against the cop working.
Sadly even when cops are not truthful they are believed more than a random person.


If he is really really lucky the prosecutor or judge may be in a good mood and throw it out.
Don''t count on it.
Best outcome is your states equivalent of court supervision/suspended sentence.
Basically if he keeps clean for 6 months to a year it is like it never happened.

Here is where it gets nasty and why he needs a lawyer.
There are 2 ways to get court supervision: prosecutor agrees in a plea, judge sentences it.
The first is faster and more of a sure thing.
In order to do it himself he would have to admit he did it to the prosecutor,, at that point that is locked in and can be used against him.
An attorney can ask for a deal without him admitting guilt at that point and he can still decide to fight it.

Get an attorney...

 

[kittybean]

Disorderly conduct is generally either a petty offense or a misdemeanor, depending on the jurisdiction.

You probably have a while until your husband has to appear in court. The first thing I would do is order discovery. The prosecutor is obligated to give you everything in their file pertaining to your case (except for their work product). This means police reports, criminal histories, witness statements, and the like. Before you decide to enter a plea, it''s always good to review the discovery to determine what exactly the accusations are. You can usually obtain it at the prosecutor''s office for a small fee.

I would strongly advise that you speak with a lawyer to best understand what the charges and possible penalties are for this offense. A lawyer can help you to obtain an advantageous plea bargain or advise you on the merits of pleading not guilty and taking your case to trial. (A lawyer will also order discovery for you if you haven''t already done so.) If your husband has no criminal history at all, perhaps you could speak with a lawyer about a plea deal that would involve deferred prosecution or a deferred judgment. Very briefly, this means that, after a certain period of complying with the law and any other requirements the prosecutor might want, your husband may be able to get the case dismissed or prevent the prosecutor from ever filing the case.

As far as finding a lawyer goes, I''d probably talk to a lawyer you know and trust, and if they don''t do criminal law, they can likely recommend someone that they feel would be qualified to represent your husband. Otherwise, many courts have lists of defense lawyers that appear often in their jurisdiction or are employed by the court occasionally as court-appointed counsel. Maybe you can obtain one of these lists and call a few of the attorneys on it to find someone with whom you feel comfortable. In my courtroom, people will often come to the public defenders and ask them who they might recommend as private counsel. This is a great way to find a good lawyer, as the public defenders see a ton of defense attorneys come through the courts and often have very accurate opinions of who the best private attorneys are.

Disclaimer: while I am a criminal defense attorney, I am not your defense attorney. What I have written above is not legal advice. My legal advice = get an attorney

.

 

[janinegirly]

I'm also a bit confused as to whether you in fact know what he did? It was at a sporting event so guessing something involving alcohol? I agree it's a good idea to consult a lawyer but I would keep it in perspective--it seems like a minor incident whatever it was and hopefully a one off. And it's good that he was honest with you about it.

I know in my field people are hired all the time who've had DUI's etc. I work in finance, so maybe that's why, lol. I guess everyone understand that people make mistakes and if it's a one time thing that can be written off as singular act of poor judgement--person came clean,etc. -- it probably will be fine. Now if it's something more lewd or involved fraud,etc. (not here, saying in general) might be a bit harder to deal with but still you'd be amazed what gets overlooked in the working world if it involves someone who is otherwise exceptionally qualified.

 

[Karl_K]

Date: 5/16/2010 10:00:46 PM
Author: CasaBlanca
Hope this Link helps you understand better.

That sure is one sided.
At least here you have to really really push it to get charged with disorderly for yelling at a cop.

 

[Kaleigh]

No advice but am hoping a good lawyer can sort this all of for him... Best of luck.

 

[ProseCuter]

To give you a prosecutor's perspective:

I'm assuming this is a misdemeanor charge. How it would work in my jurisdiction in CA is your husband would should up and the judge would ask him if he has the means to hire an attorney. He can say yes, and be allowed time to hire one (unless he does that prior to the court date), or say no and have an attorney appointed to represent him (public defender). In situations like this, at least in my experience, you aren't going to get a better deal by hiring an attorney than you would from being represented by the PD. The jurisdiction probably handles these cases in a routine way, depending on the severity.

Since he doesn't have a prior record, he is probably a good candidate for a conditional plea. In my jurisdiction, a conditional plea is when the person pleads guilty to the charge with whatever conditions are agreed upon (for example: obey all laws, perform x hours community service, etc.), and 6 or 12 months later, they come back to court. If they have kept all the conditions, the judge allows them to withdraw their plea and the prosecutor will ask to have the case dismissed. (If the conditions are not met, the judge would then sentence the person, since they have already plead. Of course, in a case like this it would mostly just be fines and fees.)

Even better for a defendant is a disposition, which is like a conditional plea, but you don't even plead to anything. The case is set out for the time agreed (usually 6 months or a year) and if the conditions agreed on are met, the case is dismissed at the next court date. (If the conditions are not met, the prosecutor would have to decide if she wanted to pursue it still or not.)

I see a lot of people who have something similar happen- never been in trouble before, and rush out to hire a lawyer. These private lawyers milk a simple deal like this into 6-9 months of court appearances, charging their clients thousands, I'm sure. (I'm not saying all private attorneys do this. Just relating my personal experience where I have seen it happen frequently.) Always makes me feel bad for the people. Just don't want you to hire a lawyer when you may not need to. Your husband could ask for a public defender to be appointed and meet with his, and if after meeting with him he thinks he needs more to be done, he could then hire someone on his own.

Just wanting to give you my thoughts (which is not legal advice).

 

[kenny]

As yssie pointed out you need a local attorney since laws vary by location.

 

[Fire and Ice]

No advice but I wish you all the best. I hope things turn out ok!

 

[kittybean]

Date: 5/17/2010 12:16:16 AM
Author: ProseCuter
Your husband could ask for a public defender to be appointed and meet with his, and if after meeting with him he thinks he needs more to be done, he could then hire someone on his own.

A public defender can only be appointed if someone is indigent, and in most jurisdictions, you have to provide financial information to support your claim that you are indigent (meaning you are impoverished, insolvent, lacking financial means or support, or unable to secure basic necessities due to povery). AnonForThis, if you and your husband are indigent, I would definitely suggest you apply for the services of a public defender.

I am saddened by the fact that so many people believe that if "more needs to be done," someone should not look to a public defender to do that. Public defenders are often underappreciated and overworked, but they are some of the most dedicated, compassionate people in the legal field. Most of the public defenders I know work 60-80 hours a week for very, very little pay, and they strive to give people the best representation possible. They often have much more experience than many private defense attorneys and can achieve better results for their clients.