Disorderly Conduct and Disorderly Intoxication
Disorderly conduct is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for disorderly conduct feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for disorderly conduct to say that they were just asking the officer a question and were then put under arrest. Legally, disorderly conduct is conduct which rises to the level of a “breach of the peace.” Drawing the line between a “breach of the peace” and freedom of speech can very difficult. Consequently, First Amendment issues are often implicated in a disorderly conduct case.
If you or a loved one has been arrested for disorderly conduct or disorderly intoxication, it is critical to consult with an experienced Miami disorderly conduct attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
Over the years, we have represented hundreds of clients in a wide range of cases. There is a good chance that we have dealt with your type of case and have represented clients who shared similar needs and concerns that you may have. Feel free to browse through the results section of our site for a representative sample of some of our past cases, and the results we have achieved for our clients.
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Disorderly Conduct Statutes
877.03 Breach of the peace; disorderly conduct.–Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.–s. 1, ch. 59-325; s. 1147, ch. 71-136; s. 2, ch. 86-174.
(1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has probable cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall call a law enforcement officer to the scene immediately after detaining a person under this subsection.
(2) A law enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others.
(3) An operator or a law enforcement officer who detains a person under subsection (1) or makes an arrest under subsection (2) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any action taken in compliance with subsection (1) or subsection (2).
(4) A person who resists the reasonable efforts of an operator or a law enforcement officer to detain or arrest that person in accordance with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have reason to know that the person seeking to make such detention or arrest was the operator of the establishment or a law enforcement officer.
History.–s. 1, ch. 86-174; ss. 14, 52, ch. 90-339; s. 4, ch. 91-429.
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.