Disorderly Conduct is often charged in Denver, Adams, and Arapahoe County despite a constitutional reason why charges should be dismissed by a court. All laws are subject to the protections guaranteed by the United States and Colorado Constitutions. One of the most famous protections is Freedom of Speech under the first Amendment to the US Constitution. This freedom has been interpreted, with a few restrictions, to imply you can say what you want, when you want.
One of these restrictions is where someone is punished for the coarse or offensive language they utter. In Douglas, Jefferson, and Broomfield County, attorneys / lawyers disagree over what Disorderly Conduct (18-9-106(1)(a) means and how people can be punished. The law states that you cannot commit offensive conduct or make an offensive gesture which would tend to incite an immediate breach of the peace. About 40 years ago, a man walked into a public location with a middle finger imprinted on his shirt. While initially charged for this crime, the Supreme Court of the United States said that shirt was a free speech issue and that he could not be convicted of the crime. Even though the highest court in the land has ruled on this issue, the police in Aurora, Lakewood, and Thornton still try to charge people with Disorderly Conduct in similar situations.
Another way that the District Attorneys in Weld, Eagle, and Clear Creek County try to subvert the Constitution is by prosecuting cases involving Disorderly Conduct under C.R.S. 18-9-106(1)(f). This statute deals with the display of deadly weapons in public places. For instance, let’s assume that you are a gun owner and you open carry your firearm into the local coffee shop. Some patron of the establishment feels worried that you are exercising your 2nd Amendment Right. The police in Parker, Colorado arrive and ticket you for violating the statute. However, you call an attorney who handles Disorderly Conduct gun cases and they share with you that since you were not intentionally trying to cause alarm, they cannot prove the case against you. Thus, the case is dismissed or won at trial.
Not all cases go as easily as the example, but with hard work, dedication, and experience, we get the best possible result for you in each case we handle. Our firm has over 30 years of experience fighting against the government and defending citizen rights. So, if you’ve been charged with Disorderly Conduct, be smart, exercise your right to remain silent, and call us for a free consultation at 303-731-0719. Together, we can protect your future.