Disorderly conduct, disorderly intoxication, & loitering

Public order crimes are offenses that concern the public law and order the community as a whole.  These types of crimes are strongly prosecuted because of their effect on public order.  Society as a whole likes things to be in "order."  These crimes are especially prosecuted here in Florida.  It is important that you contact at attorney to help you with your defense.  For some of these crimes, defendants have very clear, fundamental First Amendment rights.  Oftentimes, people who have been loud, belligerent, used profanity, or yelled at law enforcement find themselves charged with disorderly conduct or disorderly intoxication.  These reasons are not enough to be charged with these crimes.  The courts have made it very clear that just yelling at the police, and even using profanity at the police, is not enough to be charged with a crime.  If you find yourself in this situation, it is important that you contact an attorney so that you don't find yourself with a criminal history and facing jail time for something that is constitutionally protected. Examples of public order crimes include:

  • Disorderly Conduct - any act deemed sufficient to “corrupt the public morals,” or “outrage the sense of public decency,” or “affect the peace and quiet of persons” who may observe the act. Disorderly conduct also encompasses brawling or fighting.  This charge is a second degree misdemeanor, punishable by up to 60 days in jail or up to 6 months probation.  
  • Disorderly Intoxication - No person shall be intoxicated and endanger the safety of another person or property, and no person shall be intoxicated or drink any alcoholic beverage in a public place or in any public conveyance and cause a public disturbance.  This charge is a second degree misdemeanor, punishable by up to 60 days in jail or up to 6 months probation.  
  • Loitering and Prowling - it is unlawful for any person to “loiter and prowl” in a place, at a time, or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.  This charge is a second degree misdemeanor, punishable by up to 60 days in jail or up to 6 months probation.  
  • Exposure of Sexual Organs - it is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Vulgar or indecent means an unlawful indulgence in lust or a wicked, lustful, unchaste, licentious, or sensual intent on part of the person committing the act.  This charge is a first degree misdemeanor, punishable by up to 1 year in jail or up to 12 months probation.  

If you are charged with a public order crime, it is critical that you speak with an experienced attorney to protect your rights.  At Heather Bryan Law, we will develop a personal strategy to defend your case.  Contact Attorney Heather Bryan for your free and confidential consultation, at 863-825-5309.


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