Palm Beach County Disorderly Conduct Attorney
Palm Beach County Disorderly Intoxication Lawyer
In Palm Beach County disorderly conduct is often used as a catch all for arrest. These types of charges are common around bars and during spring break at our Palm Beach County beaches. It is real easy to get arrested for disorderly conduct but it is much harder for the State to prove it. When the case law is reviewed most statements that can be made are constitutionally protected free speech. Words alone will rarely be sufficient for a Palm Beach County disorderly conduct conviction. Being rude to the police will get you a ride to jail in the back of a police car but will rarely be sufficient for a conviction. Disorderly conduct also encompasses fighting and is charged instead of battery when both parties are engaged in mutual combat. The remaining language is somewhat vague and could encompass a wide variety of situations. The constitution and case law prevent the disorderly conduct statute from encompassing a wide range of behavior.
Disorderly conduct is somewhat unique in that many of the defenses are based upon the first amendment. Free speech covers not only speech but expression. Criminal defense attorneys frequently rely on the 4 th amendment to defend against illegal search and seizures. Generally disorderly conduct is dealing with some form of expression. The freedom of expression is broad and words alone are rarely enough to sustain a disorderly conduct conviction. Florida disorderly intoxication also deals with similar first amendment issues but the State must also prove intoxication. If you are accused of a Palm Beach County disorderly intoxication or disorderly conduct call Palm Beach County disorderly conduct attorney Jesse Cohen at 786-521-2295. The initial consultation is always free and confidential.
Palm Beach County disorderly conduct lawyer Jesse Cohen handles cases from Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Park, Lake Worth, North Palm Beach, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, Wellington, West Palm Beach and the surrounding areas in Palm Beach County.
In Houston v. Hill, the United States Supreme Court wrote:
Today’s decision reflects the constitutional requirement that, in the face of verbal challenges to police action, officers and municipalities must respond with restraint. We are mindful that the preservation of liberty depends in part upon the maintenance of social order. But the First Amendment recognizes, wisely we think, that a certain amount of expressive disorder not only is inevitable in a society committed to individual freedom, but must its self be protected if that freedom would survive. The appellate courts have repeatedly ruled in favor of allowing broad expression under the first amendment. The broad expression can be applied to many Florida disorderly conduct and Florida disorderly intoxication cases. It is often beneficial if a Florida resisting arrest with or Florida resisting arrest without violence charge is filed based upon the conduct during an illegal disorderly conduct arrest.