A nationwide debate has risen from the arrest of a Massachusetts Harvard professor, Henry Gates, who faced charges of disorderly conduct. The case started with a neighbor contacting Police after she witnessed two unidentified men trying to break into Gates' home. Gates refused to respond to the officer's request to step outside of his home and answer questions about a possible burglary. A crowd started to form and Gates allegedly insulted the officer, James Crowley. Gates was placed under arrest for disorderly conduct.
Allegations started swirling of the Cambridge police using racial profiling as a means to take Gates into custody. President Obama took the Defendant's side and publicly criticized the Cambridge police department. After 911 tapes were released and the details of the case became public, the president retracted his prior statement and all but apologized for his remarks on the case.
Not unlike Massachusetts law, Florida also possesses a disorderly conduct statute and it is considered a second degree misdemeanor. Florida statute 877.03 states that the crime of disorderly conduct or breach of the peace occurs when an individual engages in activity that involves disorderly conduct, disturbs public decency and the general peace of witnesses. If convicted, this crime is punishable by up to 60 days in jail.
Due to the Gates versus Cambridge Police Department drama, the topic of disorderly conduct has become somewhat of a conversation piece. Officers have a duty to uphold the law. However, the police are trusted to make split second, good faith decisions when it comes to public safety. Much of these decisions are based on officer discretion and innocent individuals can find themselves charged with a crime through no fault of their own.
If you have been charged with a criminal offense, whether it is a misdemeanor or felony, contact an experienced attorney to breakdown the charges against you. My firm has over 100 years of combined experience and has convenient offices throughout the State of Florida. In the case of Gates, all of the charges have been dropped by the State. The knowledge of an attorney could mean the difference between a judgment of dismissal or a jail sentence.
