Disorderly Conduct Attorney Miami, FL
Have you been charged with disorderly conduct? Are you worried about what happens next? Do not be intimidated by complicated legal speak and technical jargon. Leave that to the professionals at Garcia & Qayum Law Group, P.A.
Navigating the murky waters of the Florida Criminal Justice System and unraveling the complexities of Statutes Law is our job. Your job is choosing the right disorderly conduct attorney in Miami, FL to achieve your best outcome.
What is Disorderly Conduct?
Disorderly conduct is a person acting in such a way that disturbs the peace or endangers the morals, health, or safety of a community — in other words, committing a “breach of the peace” that most people would find disturbing or upsetting.
So, what is the difference between “having a good time” and “breach of the peace”? That depends on the individual. As everybody has their standards of what constitutes acceptable behavior in public, disorderly conduct charges are a grey area requiring strong legal representation. Our team knows how to attack the State’s case and defend your rights.
According to Florida Statutes, Chapter XLVI, § 877.03, anybody found guilty of committing acts of disorderly conduct will be found guilty of committing a 2nd-degree misdemeanor.
Examples include, but are not limited to:
- Public fighting or brawling
- Acts of nature that may corrupt public morals
- Acts directly in conflict with a sense of public decency
- Acts that disturb the peace and quiet of those who witness them
- Public intoxication
This list is not exhaustive and individual cases are open to interpretation, depending on the different persons and circumstances involved. If charged with disorderly conduct in Miami, Florida do not delay; call Garcia & Qayum today for reliable, competent legal counsel.
Call Garcia & Qayum Law Group Today for Legal Advice
It is not illegal to drink in public, right? While consuming liquor in public areas that are not designated for that purpose may be an issue, it is perfectly legal to have a few drinks in a place that is reserved or licensed for this purpose, such as bars and stadiums.
However, the issue of public intoxication arises if your behavior, as a result of alcohol consumption, can affect the safety, well-being or peace of yourself or those around you. In this instance, you may be arrested and charged with public intoxication.
Like a disorderly conduct charge, this is not a clear-cut issue. People have varying degrees of what is acceptable behavior in public and situations are open to interpretation depending on who is witnessing them. Seek sound legal advice if you have been arrested and charged with public intoxication.
Disorderly conduct is tricky as a charge does not necessarily have to be supported by a substantial collection of evidence in court. What does this mean? If you have been arrested and charged with disorderly conduct, chances are it is going to court, regardless of how much evidence is produced.
However, a court appearance does not mean a conviction. Keep in mind a few basic principles of modern law.
- You are innocent until proven guilty.
- The Burden of Proof is on the State of Florida, meaning it is their job to supply the evidence to secure a conviction. It is not your job to provide the evidence to obtain an exoneration.
- The State of Florida prosecuting attorney must rely on eyewitness testimony to chase a conviction.
At Garcia & Qayum Law Group, we offer strong legal counsel, aggressive defense tactics and an ongoing commitment to producing the best possible results for our clients.
Disorderly Conduct or The Right to Free Speech?
The First Amendment of the U.S Constitution and Article I (Section 4) of the Florida State Constitution dictates that residents have the right to exercise free speech.
The First Amendment protects all forms of free speech, and therefore, a person cannot be charged with Disorderly Conduct if the act only involves yelling or shouting in public and does not include physical harm or violence.
However, Disorderly Conduct with regards to exercising your right to free speech is an incredibly complex issue and one that needs to be assessed on an individual basis. If you feel this issue affects you in any way, contact Garcia & Qayum Law Group for sound legal advice and clarity on the subject.
When it comes to criminal law, the waters are muddied, and the language is involved. Your choice of legal representation is critical to the success of your case and of your future.
At Garcia & Qayum we pledge our ongoing commitment to achieve the best outcome possible for you, our client, by providing comprehensive and transparent legal advice in simple terms and language you can understand.
Call Garcia & Qayum Law Group Today – (305) 230-4020
Garcia & Qayum Law Group, P.C. is located in Miami, FL and serves clients primarily in and around Miami and Fort Lauderdale, FL, however we do sometimes act "of counsel", or consult in other cases as well.
This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.