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August 3rd, 2007, 11:24 PM #1
Argument with neighbors now a Disorderly Conduct...
Ok, so I'm going to back up my hill tonight after work and there is an el-camino in the way. So I beeped nicely and they dont move so I beeped again, and I get some smart comment back. So I get out of the car and inform him he's blocking a public street.
So then we get into an argument blah blah blah, His wife calls the police and now the new family wants to hit me with a disorderly conduct. . He talks with me and then them The officer says he wont do it, he'll tell them they can go down to the magistrate, cause I told him I really dont want to make a mountain out of a mole hill.
Now the officer also would not cite them for blocking the road????
You can also clearly see there is parking space for a UHaul. But I'm just wondering if I have to does anyone have any advice. Even the lawyers, not binding and such, I'm not gonna sue ya
Also mainly wondering what could go with the charge and how to know if they file it?
Sorry for the crappy image, but after they called the police they hurried up and started throwing stuff off of the thing, so that made me think to take a cellphone pic.
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August 3rd, 2007, 11:56 PM #2
Re: Argument with neighbors now a Disorderly Conduct...
§ 5503. Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly conduct if,
with intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, he:
1. Engages in fighting or threatening, or in violent or tumultuous
behavior;
2. Makes unreasonable noise;
3. Uses obscene language, or makes an obscene gesture; or
4. Creates a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor.
=============================================
I don't really have any advice. But I think the type that blocks a road and then gets irrational about it when you call them on it are not likely to press chgs.
Your details are a bit sketchy. But it sounds like you should have broken off the contact once it turned into an argument. Then YOU could have called the police to report the person willfully blocking a public street.
If they are blocking a road, and you tell them and they want to argue about it let them argue with the police.
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August 4th, 2007, 12:06 AM #3
Re: Argument with neighbors now a Disorderly Conduct...
thanks, didnt even think of looking up the definition. But that helps me, I can easily get them with it too then if it comes to that.
What I've been looking for and cant find is what can actually happen to me, like how much I could be fined or whatever. Also not sure, but how can a person file under this?
WAIT a second lol. Key words there "with intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, he:"
I had no intent to do that, i was trying to remove a public inconvenienceLast edited by Skuggi; August 4th, 2007 at 12:10 AM.
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August 4th, 2007, 12:23 AM #4
Re: Argument with neighbors now a Disorderly Conduct...
§ 5503. Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
engages in fighting or threatening, or in violent or tumultuous behavior;
makes unreasonable noise;
uses obscene language, or makes an obscene gesture; or
creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
(b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.
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August 4th, 2007, 12:31 AM #5
Re: Argument with neighbors now a Disorderly Conduct...
I'm confused? They wanted to charge you? Did the cop charge you? No matter what, disorderly conduct is irrelevant since you or they didn't commit it.
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August 4th, 2007, 12:43 AM #6
Re: Argument with neighbors now a Disorderly Conduct...
The officer did nothing at all. He said he was going to tell them they can file it at the magistrate's office if they want.
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August 4th, 2007, 01:40 AM #7
Re: Argument with neighbors now a Disorderly Conduct...
The officer told them to go and see the magistrate because he didn't witness anything. If they want to press charges it will end up being their word against yours. I've never, ever heard of anyone following through with this.
If the officer pulls up and everyone is yelling back and forth at one another in the middle of the street or in public so that other persons in the neighborhood can hear or see you, then you could get hit with the (a)(1) charge.
Usually the officer will first tell everyone to shut up and back away from each other. Continue to yell, scream or ague and your on the way to getting hit with DC.
Did the officer at least get them to move their vehicle?
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August 4th, 2007, 02:55 AM #8
Re: Argument with neighbors now a Disorderly Conduct...
no they had already moved it, after the wife called the cops they literally threw stuff out of it, thats when I got the idea to take that picture. I'm only worried a little I guess about the possibility of having anything on my record
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August 4th, 2007, 07:23 AM #9Grand Member
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Re: Argument with neighbors now a Disorderly Conduct...
Skuggi...were you open carrying at the time?
Just curious...
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August 4th, 2007, 07:30 AM #10
Re: Argument with neighbors now a Disorderly Conduct...
You should be safe from charges...I recently took our neighbors to the magistrate for disorderly conduct and lost! Even after we had photographic evidence of them blocking my vehicles in on the street, cigarette butts in our yard, urinating on our house from their 3rd story window...(yeah, real nice people!) We still lost the case. We even filed on behalf of the local PD department who sent 2 officers to the hearing with us!
To finish the story, a few weeks ago, their house mysteriously caught fire and the landlord kicked them out! The fire is still under investigation for arson. Theres alot more to this story, maybe I'll post about it one day...but right now, I am just glad those bastards are gone!
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