Disorderly Conduct: Criminal Offense in Arapahoe County or Free Speech?
There are many ways for a person to be accused of and charged with Disorderly Conduct, C.R.S. 18-9-106, in Denver or Arapahoe County or anywhere else in Colorado. It is a statue so broadly defined that it often collides with protected rights under the U.S. and Colorado Constitutions. For instance, subsection 1a of the Disorderly Conduct statute says it is a crime to “make a coarse and obvious offensive utterance, gesture, or display in a public place and the utterance, gesture or display tends to incite an immediate breach of the peace.” As Americans and Coloradans we are granted protection surrounding our freedom of speech, but apparently when those freedoms incite a breach of the peace, it is illegal in the Denver Metropolitan area. This creates a real problem for police and prosecutors. How do they determine when the actions of a person are a protected right vs. a criminal act? Read the Complete Definition of Disorderly Conduct.
Freedom of Speech vs. Disorderly Conduct in Jefferson County – A Lawyer Explains
Police Officers and District Attorneys in Jefferson County are aware that they cannot, on their own, convict a person of a crime. Yet they must figure out whether or not to arrest and prosecute citizens for Disorderly Conduct in Aurora, Littleton and Centennial. The more subjective a law, the more power is handed to these individuals to disrupt lives. For instance, if a person decides to wear an anti-war tee shirt to a VFW rally, and it causes a fight to break out, the police are faced with the decision to arrest or not. Was he trying to incite a riot? And even if the man knew his shirt would be offensive, should he be allowed to display his opinion? During the 60s many people were jailed and prosecuted for Disorderly Conduct even when protests were peaceful because cops and District Attorneys disagreed with the cause. They justified beating and arresting protestors by saying they were troublemakers and that they should have known their actions would incite a breach of peace. We like to believe we are different today, but I wonder.
Douglas and Adams County Disorderly Conduct Charges for Free Speech
An easy way to get arrested in Castle Rock, Highlands Ranch and Parker is to exercise your right to protest against something that is not politically correct. You are more likely to be arrested for Disorderly Conduct, Harassment or Assault by protesting at an abortion clinic than by outrageous conduct elsewhere. Law enforcement officers, like all of us, will give the benefit of a doubt to those that agree with them and they will vilify those that disagree. District Attorneys will see evidence of a crime where none exists if they do not agree with the core beliefs of the accused. It boils down to the views of those with the power to prosecute.
O’Malley Law Office in Denver – Let Our Experience With Disorderly Conduct Charges Help You
If you or someone you love has been accused, arrested or cited for Disorderly Conduct, you need someone that will stand up for you. After a cop or prosecutor has made up their mind that you are a criminal, it becomes a waste of time trying to convince them by yourself. There are consequences which go beyond the petty offense or misdemeanor record that Disorderly Conduct brings, and your best course of action is to let the top Criminal Defense Attorneys in Colorado do the talking for you. Be smart and exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.
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