Disorderly Conduct Citation

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Disorderly Conduct Citation

I was issued two citations (disorderly conduct and littering) as a result of someone throwing a bottle from a balcony at the residence I was staying at. The police came into the unit, in which there were three persons, I had been asleep on the couch while the incident occurred and was awoke by a police officer. After questioning no one admitted to throwing the bottle and all three us were charged with disorderly and littering. What is my best course of action to fight these two charges. Thanks!

Asked on June 21, 2009 under Criminal Law, Pennsylvania

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Obviously, your best defense would be if the individual responsible for throwing the bottle owned up to it.  If the guilty party signs an affidavit stating that he/she threw the bottle and that you knew nothing about it, that affidavit, if presented properly to the prosecution by your defense attorney, should probably result in the dismissal of the charges against you.  Assuming, however, that your co-defendants are not cooperating, it seems possible that the state would have a hard time proving, beyond a reasonable doubt, that you, rather than one of your co-defendants, was responsible for throwing the bottle.  However, this will become more complicated if one or more of your co-defendants, or any other witness, has provided a statement implicating you as the guilty party.  I recommend that you consult with and/or retain a criminal defense attorney to evaluate the strength of both the state's case as well as any possible defenses to these charges that may be available to you.


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