People whose behaviour in public is disruptive and offensive and often interferes with other people’s enjoyment of public space can be arrested by the police for disorderly conduct or disturbing the peace. Another behaviour that states consider as disorderly conduct is public intoxication; however, there are jurisdictions that consider it a crime called drunk and disorderly conduct.
In many states disorderly conduct does not necessarily mean that the person is under the influence of alcohol; disruptive conduct includes loitering, fighting, and being unreasonably noisy to disturb the peace of a certain place. Arrest for disorderly conduct will depend on how the crime is defined in the state’s criminal statutes.
In the state of California, disorderly conduct is defined in the state’s statutes as a kind a behaviour that solicits anyone to engage in lewd conduct in a public place or exposed to public view, solicits or engages in any act of prostitution, accosts anyone in a public place for the purpose of begging, loiters in a public toilet for the purpose of engaging in lewd or lascivious acts or lodges in a building, structure, vehicle or public or private place without the permission of the owner.
In many states, intoxication whether through alcohol or drug use is not considered a crime unless it is accompanied by a disorderly public behaviour. If there are no specific laws on public intoxication, law enforcement officers have the discretion to detain the intoxicated person and allow him to sleep it off in the local jail.
The laws on public intoxication are meant to protect the safety of an intoxicated person and society’s right to have an unobstructed and safe use of sidewalks, shopping malls, parks, restaurant, and other spaces that are allowed to the public. However, in Indiana, public intoxication is considered Class B misdemeanour punishable by up to 180 days in jail and a $1,000 fine.
Do you need Donich Law if you are arrested for disorderly conduct? Yes, if it is considered a misdemeanour that is punishable by fines, alcohol education program, community service, probation, or jail sentence. A criminal defence lawyer can save you from incarceration.