Legal Question in DUI Law in Florida

public drunkness and disorderly conduct

my son was arrested for disorderly conduct and public drunkness and resisting arrest and also was quoted using racial slurs what is the punishment for this arrest when he has his court date


Asked on 11/24/07, 9:15 pm

2 Answers from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: public drunkenness and disorderly conduct

Disorderly Conduct is a Second degree misdemeanor punishable by up to 60 days in jail, six months probation, and or $500 fine.

Resisting without Violence is punishable by up to one year in jail, one year of probation, and or $1,000 fine.

I would suggest retaining a lawyer. A good lawyer could either get the case dismissed, reduced, or possibly get your son into a pretrial diversion program, which would result in the case being dismissed upon successful completion.

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Answered on 11/25/07, 4:59 pm
Thomas Rosenblum Rosenblum Law Offices

Re: public drunkness and disorderly conduct

Hello:

I just read your questions and the one response. That response is accurate if the arrest happened in Fla. I am not sure from the info. given if this happened in Fla. or Ga.

If in Fla., I can further explain the possible consequences. If he has no prior record, he will get through this with a decent outcome. A decent outcome would be...they drop the case, or he beats it by filing Motions, if appropriate, or going to a trial. He may be offered a negotiated plea deal where he pleads No Contest and is ordered to pay court costs and ADJUDICATION of guilt is WITHHELD. This means it would not be a conviction. Clients are usually offered a Withhold of adjudication if they don't have any priors.

If he has prior misdemeanors, he could still get a good plea deal if that is the path he wants. He may still ask for a withhold.

'Hope this helps. If my office can be of any assistance in North Fla. just give us a call. Tom Rosenblum

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Answered on 11/26/07, 10:28 am


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