Legal Question in Civil Litigation in Colorado
disorderly conduct
I manage a business that often has problems with people not authorized parking in our lot or blocking our driveways. This happened the other day and I lost it for a moment and wrote a note with the ''f'' word and posted it on the vehicle. He dropped it off at the cop station, I recieved a citation for disorderly conduct. The cops have no info on this guy. Is this going to hold up in court? Can I get it thrown out first since the guy never filled out a complaint or anything? I did sign the citation and admited to the cop that I wrote the note. I got the guys license plate # or they would have nothing. What should I do or expect?. Thank you very much. BMinC
1 Answer from Attorneys
Re: disorderly conduct
It depends on the content of your note, and the degree of affection or threat connoted by your particular use of the "f" word.
If your note makes no threat that could be seen as violent, however, you should fight this charge. Disorderly conduct requires that an offensive utterance, gesture, or display (which the note arguably is), be made in a public place, and tend to incite an immediate breach of the peace.
The parking lot is a public place, but the windshield or door handle of his car (where I assume you posted the nasty note), while visible to the public (unless you folded the note closed, which is even better for you), is not really a public place. And your note certainly didn't incite a breach of peace in this guy, who very peaceably took the note to the police.
You probably won't have to go further than a chat with the DA when you go to your court hearing. If I understand you correctly, the guy who complained is unidentified, so there is no complaining witness. As for your "confession," I'm guessing you weren't told your Miranda rights (to be silent, etc.). If your admission came while being asked to sign the citation, you did face arrest if you refused, so it could be considered custodial interrogation, and your statement would be inadmissible against you.
In that situation, a reasonable prosecutor would drop the case.
Good luck.