About a month ago my wife and two kids were walking through a wallmart parking lot they were walking down the left side (rear bumper side) and a lady in a van was driving down the isle there was a car that was going to leave so she stopped the wife and kids were slowing down to let the car backing out of the space exit the parking spot this is when this lady in a van started to proceed she was swinging wide to park a van the van was an extended van so to park she needed to swing wide the wife and kids were stopped the van was inching toward the kids driver must not have seen the kids the driver was looking at my wife like are you going to move and threw her hands up.  The van kept inching this is when my wife yelled watch it! they had to back up to avoid being pinned between a truck bumper and the van.  The wife being upset and started to walk into the store she said what a slut talking to the kids, the driver heard my wife and started yelling you don't call me a slut making a big scene words were exchanged some cursing between both parties.  They eventually went on their way the driver went and called the police the cop came down and got statements then said he was going to charge her for disorderly conduct he was not going to give a ticket but the statements would be reviewed.  Today she got a summons to appear before a judge.  To the above named defendant:  complaint under oath has been made that you committed the crime of disorderly conduct the defendant, intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, did engage in abusive or obscene language or make obscene gestures in a public place.  My question is if the lady in the van didn't have her panties in a crunch to get the parking spot or would not have almost endangered the lives of children words would have not been exchanged its not like she walks through wallmart parking lot looking to cause a scene.  She did make a statement and wrote her version of the story so the events and words that were exchanged are documented and she signed it but our stance has always been to be honest.

should I look into getting legal representation?

should the driver of the van be charged with disorderly conduct also because she was swearing creating a scene but because she was the one reporting no charges filed?

it is only a class C misdemeanor but the money for legal representation and fines would be better spent on fun things Mags, Ammo, reloading supplys.  advice is much appreciated Thank you in advance.

Too bad. Sounds like a BS charge. I don't have any legal advise but I can give your post a bump to the front page . Good luck.

ALWAYS get legal representation.  Get the best you can afford.

Disorderly conduct is a piddly little bullshit nothing charge. With your wife already giving a written statement of what truely happened it's going to be hard for her to beat the charge since she has basically already confessed to being guilty.

I'd probably just pay my fine or if court is required plead no contest to get it over with and then spend all of my extra time in WalMart parking lot waiting for my chance to get a little "revenge".

How old are your kids? So your wife told your kids that this lady is a slut 'cause she almost grazed them in a parking lot? Sounds like she should be charged with "White Trash In Public".

NEVER make statements during an investigation.

Personally, I would seek legal representation. Criminal charges are forever. They don't go away. However, in some cases, a decent lawyer may help to get the charges reduced to a summary offense, rather than misdemeanor, or something along those lines. At the very least, I would go to court, and give my side of the story to the judge. It sounds like this person is a bit overzealous and has probably been in the court before. Perhaps the judge would recognize her and try talking some sense into her and dropping the charges anyway.

Anyway, just my opinion. Good luck.

Why does this kind of thing only and always happen in Walmarts parking lot?

You don't see this kind of behavior at Nieman Marcus....

Well, there's always two sides to the story and that is what court is for. Calling someone a name is NOT a criminal offense. I would get an attorney and also file assault charges against the other woman. You don't have to actually be hit to file assault. You have to feel threatened and it sounds as if you were.

I didn't realize another person could press disorderly charges against you. At least in Ohio, disorderly charges are connected with public intox. I have never heard of someone simply being charged with 'disorderly'. That sounds like a scary, bullshit charge just perfect for a totalitarian government to tell you how to act and behave.

That's why you get a lawyer. They're paid to lie.

Untrue, it depends on what you call them, where it happens and where you live.

Ponyboy (who's been to jail on a disorderly conduct charge for calling someone a name because cursing in public is a crime in some places)

Get a lawyer, tell the lawyer what the police said happened. A good lawyer wll not want you to tell him what really happened until he explains all the defense options.

Court plus no lawyer equal bad things.

Funny, many states have had these DisCon subdivisons removed from their penal laws. NY being one of them. Cursing and giving the finger are protected acts under the constitution.. :)

If I were in your predicament,since you've already signed a statement.
Pass on getting a legal agent.
Plead "Guilty with a Statement."
Have your wife give a very detailed account of why she acted & used the language.
CALMLY !!!
Point the finger!!!
A vehicle Can be a Dangerous Weapon....She was in Fear for the Safety of the Children.
       GOOD LUCK.

That's right it's not a 'criminal offense'. Here in NY when it was still on the books it was a 'violation' not a criminal offense. Criminal offenses being a Misdemeanor and a Felony.

Did yall read that it is a class C misdemeanor? That's equivalent to a speeding ticket. Do you get a lawyer to go to traffic court to contest a $60 jaywalking fine?

She's already confessed in writing. Why pay a lawyer a nice chuck of money to acomplish jack shit? She needs to take her lumps and go on unless they like blowing money for no reason.

Read above. He stated that where he lives it is a class C misdemeanor or "criminal offense". I don't care what you want to call it, if they can take your ass to jail for it, it's a crime.

Get a lawyer and fight it. Yes it is a piddly/minor charge, but lately these piddly charges are being used as proof of character. Who knows what will happen in five years, it could be used to prevent her from getting a job, a gun, etc.

Since I've got a DC charge I've bought a lot of guns, including machineguns and suppressors without any problems. Got a concealed handgun license, no questions asked. Got a job as an engineer at a fortune 500 company without any questions asked about the disorderly conduct charge on the job application.

It's a piddly little bullshit charge that the police use when there isn't really any good reason to charge you with anything else. An attorney in this case would be a waste of money...

I am sorry, but situations like this make me mad.  The driver of the van bears total responsibility in this situation.  If one of the kids had been hit or otherwise injured, then the driver would be changed with a crime.  People walking always have the right of way.  Get a lawyer and counter change the van driver with negligent driving.  I am sure that you can get the charges on the van driver up to a felony.
P.S. Please use some punctuation as it makes following what you are trying to say easier.

yes

dude,
ever hear of periods and commas? i got dizzy reading your post.

Huh?

She was walking away and said to the kids, "What a slut."? She didnt direct it towards the slut and there was NO INTENT to start something with the slut.

And then, the 'slut' started to make a scene? Her INTENT was to make a scene and keep it going when she called the cops.

You don't 'need' a lawyer for that one. The judge will laugh at the 'slut' and dismiss the case.

However, if you don't know your way around a courtroom, you might 'want' a lawyer.

Man, your wife has got a potty mouth. I love it.  



File the same, identical charge, against the other [b]A[/b]dam [b]H[/b]enry woman. See if you can't get the driver charged with [b]child endangermant[/b]. Tell the judge you wife is not prone to emotional outbursts (she isn't, is she?) in public. The safety of her children was her only concern.

She emphasized her protests with [b]adjetives[/b] that were appropriate, and intended to make the driver [b]keenly aware[/b] of her [b]negligence[/b]. The Words were used to make it easier for the offending driver to remember her negligence in the future. [b]But, file the same charges against the other party.[/b]

Here in the Socialist Peoples Republik of Kalifornia, a person can be charged with disorderly conduct for flipping another driver off in traffic. (I would [b]n-e-v-e-r[/b] flip another driver off. I merely [b]salute[/b] them with one finger, rigidly extended, at a time)

Bill

In my state there is a criminal section for "words likely to cause a violent reaction".

Basically things like making disparaging remarks against someones family.

Our "Disorderly conduct" laws have about 20 subsections and cover things like: Drunk in public, prostitution, aggressive panhandling, blocking the sidewalk, ect...

A little late to help your wife, but excellent advice for others.  It may be worth talking to an attorney just to see if this is somthing that could affect her some time in the future.

This isn't a jaywalking fine. I've paid a lawyer $250 to fight an $83 speeding ticket. The charges were dropped. My insurance didn't go up. No speeding on my record.

There are too many "just bend over and take it" attitudes in this country. (this comment is in no way directed towards my friend BenDover) ;)

I'm not trying to debate if the criminal charges will ever change the accused person's way of life. I'm only saying that one shouldn't give in to BS charges. No criminal charge is much better than a criminal charge you think hasn't affected your way of life, or won't affect your way of life in the future.

FREE COUNTRY


bwa haaaaaa


I wonder how much money the state will make off of this?

[puke]

Your fighting the speeding ticket came out to your advantage, because likely you'll save more than the original $250 in insurance premiums. That is a good reason to fight a charge in which you are guilty.

There is absolutely no good reason for her to fight this charge with an attorney, especially after she has already admitted that she is guilty in writing. She will gain no advantage in hiring a lawyer unless she just doesn't want it on her record for personal reasons.

The fact of the matter is, she committed a crime and she was subsequently charged and has virtually confessed. Sure I think the other lady is a "slut" and I probably would have not reacted as nicely as his wife did. I also wouldn't confess to anything either.

Were I in the same situation I'd just pay my fine and go on and I've got a free attorney. It wouldn't cost me a dime to show up with three different lawyers to fight the charge if I wanted, but it isn't worth my time. I do however have a squeaky clean driving record only for the same reason you do...it will save me money.

[edited to add: Also, I don't think that I have a bend over and take it attitude...it's more of a fuck you, I don't give a shit attitude.]

I know this could be made to be bigger than it really is, but I'm guessing once a plea of "not guilty" is made, the whole thing would disappear. I'm not a lawyer and have never studied law. Maybe a lawyer could chime in, but wouldn't the "confession" not be allowed as evidence since (and I'm just assuming) the accused wasn't read her rights? Was she offered the opportunity to contact a lawyer before signing the "confession"? Sorry, too much CourtTV I guess ;)

I know that a lot of people would just let it go and pay the fine. I'm only guessing that the judge wouldn't want to waste taxpayers money on a trial, and the charges would be dropped. I'm also guessing that the lawyer's fees, if it never went to trial, shouldn't be all that great. I guess the parties involved just have to decide which way to go. I know what I would do. It wouldn't hurt to at least talk to an attorney that has a free consultation fee, to see what they think and what the fees would be.

I would only fight it in case of being charged with some other crime some day. I don't want the newspapers reporting that I have a 3 page rap sheet, even if it's only DC convictions ;)

I doubt the reporting person really wants to see this guy's wife convicted. She's probably a snob who is used to things going her way. It wouldn't hurt to show up and say "sorry" after the charges have been dropped. It never hurts to say "sorry" even if you've done nothing wrong, in my opinion.  

I dunno. This is all just my opinion.

edited to fix grammar and add: I didn't intend the "bend over and take it attitude" thing as a direct personal insult. I could have worded it different, but a rose by any other name...  

Sure she could get a lawyer and fight it. Her written statement might or might not be thrown out. She could plead not guilty and request a jury trial. The charges might get dismissed or plea bargained down, though there isn't much farther down to go since it's a C misdemeanor. Or if everybody is a jackass it could theoretically go to trial and she could end up spending tons of money on something stupid and still come out with a criminal charge.

There is no upside to fighting it with an attorney. It's too petty unless you just personally do not want that charge on your record. Like I said, it wouldn't cost me jack shit to fight the charge, but it just isn't worth it. There is nothing to gain and lots of money to lose.

*sigh*

Thanks pony boy I'll reread it again.. just to make you happy..

By the way.. you can be taken to jail for just about anything. Traffic infractions included.. but, who cares anyway. Oh wait, that's not a crime as well..

Shotar, I really enjoyed that.....Good one!

Yep, I stand corrected it was Harrassment I was thinking of.. :)

Thanks for all of your replies...

You're going out on a limb telling someone they don't need an attorney.  You're going further out on the limb presuming a judge will act in a particular fashion.  They can do pretty much what they want, and often do.

Your wife should have immediately replied with a counter-charge of "driving to endanger" "Reckless Driving" or "Failure to Yield to a pedestrian"  Those are potentially serious charges that could, if proven, have a huge impact on the van driver's insurance rates or driving priveleges.  Frankly, the counter-charge, with it's involvement of CHILDREN would be the kiss of death for her willingness to press charges.  

It may not be too late to counter-charge, but it may also look like you are just trying to force her to drop her charges and that could work against you.

I wonder how much TAX MONEY will be spent on it!

Bill

This above post is excellent advice. A lawyer could get her statement thrown out. IF, she was not read her rights, before the statement was taken.

Happens to me every time I go to Wal-mart.  Too many darn rednecks anyway.  Well I guess if adults could act as such we would probably not have too many of these types of CHILDISH incidents.

Wrong. You have been watching too much TV.

Miranda only applies to custodial interrogations.

I doubt she was ever "in custody" at the Walmart parking lot.