Utah Criminal Defense Attorney–Jake Gunter
Have you been charged with Disorderly Conduct?
What is Utah’s version of Disorderly Conduct and how make the ultimate decision on what constitutes Disorderly Conduct. Ultimately it is a jury of your peers which decides what and when
Disorderly Conduct is.
Having the most persuasive Utah criminal defense trial lawyer on your side matters. Disorderly Conduct to one jury may be something different to another jury and your choice of advocate in the courtroom matters. Matters a lot. Never hire an attorney who has little, if any, jury trial skills when your criminal record is on the line.
Utah’s Disorderly Conduct statutes reads:
76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) the person refuses to comply with the lawful order of a law enforcement officer to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, the person:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic in a public place.
(2) “Public place,” for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, public buildings and facilities, transport facilities, and shops.
(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.
(4) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.
Open Carry Firearms:
Under Utah’s Disorderly Conduct statute, it is not a crime to open carry or carry concealed in and of itself. There must be more than just carrying a fireman to be unlawful. The statute specifically allows for cops to still talk to you on a voluntary basis and does nothing to prohibit them from approaching you. It is always important to know your legal rights and exercise your legal rights, or forever you may lose them.
WHAT TO LOOK FOR IN HIRING A DISORDERLY CONDUCTION UTAH CRIMINAL DEFENSE ATTORNEY?
The best Utah criminal defense attorneys have the following characteristics:
(1). Have vast amount of jury trial experience under their belt.
(2). Generally, are older attorneys, 10 years into the practice of law.
(3). Specialize in Utah criminal defense, or a good portion of their criminal practice is Utah criminal defense.
(4). They have been around long enough and know the judges and prosecutors. Relationships matter.
(5). They have a capable and able staff available to assist in the investigation and defense of your Utah criminal charges.
Provo, Utah criminal defense attorney Jake Gunter at Howard Lewis & Petersen, PC has over 20 years of trial experience. The firm has been around since 1950 and will continue to be around when your legal needs arise.
