The COVID-19 pandemic has caused many of us to accept a new normal — wearing face masks and gloves for protection, not being able to go to our favorite restaurants and bars, having to cancel plans with family and friends due to social distancing and more. A lot has changed quickly. And some have had an easier time adapting to it than others. An impaired Murray County woman was accused of kicking an EMT during an arrest for allegedly violating Gov. Tim Walz’s stay-at-home order. According to a news report, the woman was arrested and charged with a variety of complaints, including disorderly conduct.
In many cases, disorderly conduct laws can allow police officers to arrest people who are accused of public behavior that is allegedly disruptive or offensive. The charge can also be applied when a person’s actions interfere with other people’s use of public spaces. In many cases, it is attributed to the accused’s use of alcohol or drugs. There is something of a misconception that a disorderly conduct charge is a minor offense. Though it may be less serious than violent offenses or felonies, it is a crime and it does have the potential to lead to serious and life changing punishments. If you are found to be disturbing the peace, then you could be looking at an arrest and possible conviction for disorderly conduct.
Under Minnesota law, a disorderly conduct is a misdemeanor offense, and one that carries a potential sentence of 90 days in jail and a $1,000 fine. If you or someone you know is facing a disorderly conduct charge, Minneapolis defense attorney Gerald Miller and his team are here to help you. Call us today for a free consultation: 612-440-4610.
There are behaviors that are prohibited in public by Minnesota law. Violations of those laws typically fall into two categories: disorderly conduct and public nuisance.
Disorderly conduct is considered fighting, disturbing a lawful assembly or meeting, engaging in offensive, abusive, or noisy conduct or using offensive, obscene, or abusive language to reasonably arouse anger or alarm. Ultimately, a lot of different conduct can fit in this list. And if you were placed on probation with a “remain law abiding” condition, this sort of catch-all list can get you charged with a new case and a violation is right around the attorney.
A person is considered acting as a public nuisance when they are found to be intentionally doing any of the following:
- Maintaining or permitting a condition that unreasonably annoys, injures, or endangers the safety, health, or “morals” of the public
- Interfering with or obstructing any public highway or waters
- Any other act or omission of a legal duty that is legally declared to be a public nuisance (for example by a local ordinance level)
Under Minnesota law, permitting others to maintain a public nuisance on property you control is also a misdemeanor that is punished the same as the public nuisance itself.
In addition, an individual or facility caregiver responsible for the care of a vulnerable adult (i.e. an adult with mental, physical, or emotional disabilities that impair his or her ability to care for himself or herself), either because the vulnerable adult is a family member or due to a contract or other agreement, can’t harm that adult. A caregiver who engages in the offensive disorderly conduct behavior against a vulnerable adult can be imprisoned up to one year and be required to pay a fine up to $3,000.
If the behavior that constituted the disorderly conduct charge was caused by an epileptic seizure, the person hasn’t committed disorderly conduct. Other defenses, such as mental illnesses, may also apply.
If you are facing a disorderly conduct or public nuisance charge in Minnesota, call the office of experienced Minnesota criminal defense lawyer Gerald Miller today. What seems like a minor case at first can quickly become intimidating. Without the right representation, you can find yourself in over your head. Let Gerald Miller and his experienced team of attorneys represent you. Don’t wait, contact us to schedule a free consultation about your case today: 612-440-4610.
For most people, the thought of having to spend 90 days in jail and paying a $1,000 fine is enough to make them want to defend themselves. But in actuality, even a small charge can carry with it life-changing results. For example, many employers today conduct background checks on job applicants.
In addition to verification of information on past employment, education, and professional licenses, pre-employment background checks typically include a thorough criminal history examination. Depending on the nature of the job under consideration, employers may specify that pre-hiring screenings search candidates’ driving records. Employers may also require applicants to submit to drug testing as part of the pre-employment screening process. Employment-related drug testing is required for many jobs that involve operation of motor vehicles, hazardous or delicate equipment, and/or in any role entailing responsibility for the safety of the public, customers, or fellow employees.
Previous convictions for charges such as disorderly conduct or public nuisance may scare away potential employers who see the applicant as someone who may be a potential liability.
If you have been arrested for disorderly conduct or public nuisance, take it seriously from the beginning. It is imperative that you seek strong legal representation right away. The Minneapolis criminal law firm of Gerald Miller handles all aspects of criminal law across the Twin Cities and statewide – we can defend you on DWI arrests, traffic citations, drug charges, theft, weapons charges, probation and parole violations, and more.
Call the attorneys at Gerald Miller today at 612-440-4610. We are available 24 hours a day, seven days a week to give you some answers, a little hope and plenty of well-deserved peace of mind.
About Gerald Miller Law Firm
Were you or someone you love arrested for a probation violation or any other crime during the COVID-19 lockdown? The process can be worrisome – or even frightening. There is a lot of legal jargon to weave through and court dates to attend.
You’re not alone. We can help, whether it’s your first domestic assault arrest or if you’ve been convicted in the past. If you are facing a Minnesota criminal conviction, the experienced Minneapolis defense attorneys at Gerald Miller, P.A. will review your case and determine the best course of action. We will guide you through the process, working toward a positive outcome no matter the circumstances of the arrest. Our firm has a high success rate. We’ve fought cases all the way to the Minnesota Supreme Court. We dig into every aspect of the case, from the time of the arrest the officer’s actions to the accuracy of their alleged evidence.
What makes Gerald Miller different from other Minnesota criminal defense lawyers?
The Minneapolis lawyers at Gerald Miller handle all aspects of criminal law across the Twin Cities and statewide, but we have focused on criminal defense for nearly 40 years. A domestic assault charge can affect your living situation, your finances, and your professional reputation. Don’t let one incident negatively impact your future.
We have earned dozens of positive Google, Yelp and Facebook reviews from satisfied clients. Our firm is widely recognized throughout the Twin Cities for our professionalism, compassion, knowledge, and dedication both in and out of the courtroom. The Minneapolis defense attorneys at Gerald Miller Law Firm are respected by our peers, colleagues, judges, and prosecutors. We have earned national awards and accolades from the American Bar Association, The National Trial Lawyers, the American Institute of DWI/DUI Attorneys, the National Academy of Criminal Defense Attorneys, the National Academy for DUI Defense, and more.
Gerald Miller, P.A. also has received the elite “SuperLawyer” distinction by Thomson Reuters.
Legal Counsel is Critical to Success
The sooner you contact us, the faster we can start protecting your rights. Even if your case cannot be dismissed, the charges may be reduced and punishment can be minimized, which are positive outcomes as well. There are a number of details in each person’s case that could have a huge impact on the possible outcome. It also helps if you were cooperative at the time of your arrest.
Contact us today to schedule your free and confidential case evaluation at 612-440-4610. We are available 24 hours a day, seven days a week to give you some answers, a little hope, and plenty of well-deserved peace of mind. Visit geraldmillerlawyer.com or check us out on Facebook, Twitter, Instagram, and LinkedIn. We’re here to help.