Legal Question in Criminal Law in Pennsylvania

disorderly conduct

I received a disorderly conduct citation (section 5503 (a) 4) after leaving a

bar. I sat down on a bench on the sidewalk and eventually vomitted to the

side of the bench. At that point I stood up and began walking away and

vomitted one more time. An officer stopped me and issued the citation. I

was very cooporative and he eventually called a cab for me. At no point was I

incapcitated or unconcious.

1. What is the impact of a summary offense conviction on my criminal record?

2. Is there a way to plead guilty without affecting my record?

3. Should I hire representation?

4. What are the chances of making a case that I made an attempt to be

somewhat discreet (by vomitting on the side and, afterwords, leaving the

scene)?

5. What is the basis for being ''reckless'' in creating a physically offensive

condition? Is it for any situation where one vomits in public, e.g. the flu, or

does there have to be signs of intoxication (and what level of intoxication--

after all, someone could get sick on one strong drink)?

6. How can I obtain the officer's notes from that evening before a hearing?

Sorry for the lengthy question? Any advice is appreciated.


Asked on 9/14/05, 5:44 pm

2 Answers from Attorneys

Konrad Jarzyna The Law Offices of Cozzi & Jarzyna

Re: disorderly conduct

I wouldn't worry about your record with a summary offense. Also, it is probably not worth your time and/or money to fight it. "Reckless" basically means that you were aware that your conduct presented a high risk of creating a physically offensive condition.

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Answered on 9/14/05, 6:00 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: disorderly conduct

I disagree with counsel, this will be listed on your record, as for pleading guilty, NEVER do so, it will prohibit you from appealing your sentence. Plead Not guilty and retain an attorney to represent you at the hearing.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

www.AlleghenyAttorneys.com

412.731.0865

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Answered on 9/15/05, 9:00 am


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