where my constitutional rights violated when i was arrested for disorderly conducted for saying”ass”?
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where my constitutional rights violated when i was arrested for disorderly conducted for saying”ass”?
I was arrested for saying “racist **** cops” ( even though i was verbally speaking my opinion on how i felt with the situation. I was arrest with a county ordinance which reads” utters, in a public place or any place open to the public, any obscene words or epithets” which can mean if i am outside at the gas station and my car breaks down and i kick it and say “damn car” i could be arrest. so is this unconstitutional?
Asked on June 25, 2009 under Criminal Law, Georgia
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
No it is not a violation of your constitutional rights. Although we are given the right to free speech through the first amendment since that time laws have been passed limiting that in certain regards such as the situation you are faced with at this point.
The ordinance which you cite is very broad and as such it allows for the arrest based on what you said. Where you need to focus is on your defense. Although they had a right to arrest you it become their burden to make a case. You will be best served by getting a local attorney to represent you. Because this is such a nonsensical arrest and all parties probably agree your attorney will most likely be able to plead it down or have it dismissed.
If you do not want to hire an attorney what you need to do is get the facts straight. Get the situation in your mind remember the events and explain exactly what happened to the judge. Than once the facts are submitted its for the judge to decide. You an also go to the library and look up other situations such as your in the area, use those as comparisons if they in fact help your case. If you have any further questions please feel free to post again. Good luck
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