Disorderly Conduct ticket

[gemini]

capttjk:"What really bothers me is the possible loss of my CHL over this. Seems way to excessive for something so small"

I agree. Maybe a LEO on this board can answer this question; Does a LEO have to actually observe a violation such as
Disorderly Conduct, Peeping Tom, Traffic Moving Violation, etc, or can he issue a ticket or charge someone simply because
person "A" says person "B" did ___ ? Obviously physical damage to person or property would be different, with witnesses.
I think a competent lawyer should be able to get this dismissed. Small town? Continuance. Change of venue. Drag it out till they throw in the towel. Good luck.

[capttjk]

plus, what I was also upset about was his behavior. I am not sure about this, but does a security guard have the right to ask for ID? Does he have the right to block my car and not let me leave, basically detaining me? I felt this was overstepping the authority of a security guard who was in no way a police officer.

I have just never encountered anything like that. Plus I got bad advice from my wife who told me to park in that lot. I guess I should have just parked in the main lot, but since both of our cars are registered with the school, my wife said parking there would be no problem. She was wrong!

are you sure he was a Rent-a-Cop?
Some schools have their own Police Departments.
Or it could be an off duty Cop who works as a Guard for extra cash

Yes, the security guard was an employee of the district, but not a cop. It was an actual ISD cop that came over later and wrote me the ticket after the security guard complained that I said one bad word and he was offended.

But from what I understand, a "peace officer" under the law can't take offence to bad language. In otherwords a cop can't write you a ticket if you swear at them. That is how I read it. It takes a third party to complain in ordrer to get a ticket like this. Anyone that may know for sure, please let me know if I am reading this right. I don't even know if security guard would be considered a "peace officer" or not because he is not a cop.

I will find out for sure on Friday when I have my meeting with my lawyer.

[gemini]

Well - lucky for you the cop can't write that ticket.

If this story is true, you can't write a ticket for Class C violations outside of your presence. You have the give the "victim" an application for complaint and they go down to the DA or a Magistrate and swear out a complaint. This is like a Probable Cause statement for a Class C violation.

Maybe the lawyers can back me up here, but this is my understanding of it.

Man, I've GOT to learn to type faster........ the folks on this board literally "jump" on this kind of topic.....
thanks for the answer

[marksiwel]

plus, what I was also upset about was his behavior. I am not sure about this, but does a security guard have the right to ask for ID? Does he have the right to block my car and not let me leave, basically detaining me? I felt this was overstepping the authority of a security guard who was in no way a police officer.

I have just never encountered anything like that. Plus I got bad advice from my wife who told me to park in that lot. I guess I should have just parked in the main lot, but since both of our cars are registered with the school, my wife said parking there would be no problem. She was wrong!

are you sure he was a Rent-a-Cop?
Some schools have their own Police Departments.
Or it could be an off duty Cop who works as a Guard for extra cash

Yes, the security guard was an employee of the district, but not a cop. It was an actual ISD cop that came over later and wrote me the ticket after the security guard complained that I said one bad word and he was offended.

But from what I understand, a "peace officer" under the law can't take offence to bad language. In otherwords a cop can't write you a ticket if you swear at them. That is how I read it. It takes a third party to complain in ordrer to get a ticket like this. Anyone that may know for sure, please let me know if I am reading this right. I don't even know if security guard would be considered a "peace officer" or not because he is not a cop.

I will find out for sure on Friday when I have my meeting with my lawyer.

Okay 1st
Did you admit guilt?
Did you say you said the things you said?
If you didnt say those things, its your word vs his. I dont want to tell you to lie in Court but they really shouldnt be giving tickets out for this horse hockey anyways.

2nd see if you can do Anger Managment in return for having the ticket dropped and the charges dropped, talk to a judge and a lawyer

3rd Prepare to fight this tooth and nail.

[gigag04]

Capt - did you see our post...

The ticket isn't a good ticket. Unless I'm missing something. I would ask to speak to the judge, as in make an appointment and bring this fact up. Also - have a good attorney and listen to him before me because I issue tickets not dismiss them, so I'm less knowledgeable of the finagling side of LE.

[capttjk]

Capt - did you see our post...

The ticket isn't a good ticket. Unless I'm missing something. I would ask to speak to the judge, as in make an appointment and bring this fact up. Also - have a good attorney and listen to him before me because I issue tickets not dismiss them, so I'm less knowledgeable of the finagling side of LE.

Yes, thanks to you and all the others that have sent me informaiton about all of this. I do have a meeting with a lawyer on Friday morning and will bring all of this up and let her deal with it. She is going to request a pre court appeance meeting with the Fort Bend CO DA's office to see what can be worked out. This whole thing is really rediculous and I hope it can be taken care of. By saying one bad word that I hear on TV on a regular basis doesn't seem to be worth all of this. But I will have to deal with it.
'

[marksiwel]

Also see if the false imprisonment you felt you received is sue worthy.

[jmra]

Also see if the false imprisonment you felt you received is sue worthy.

While you are at it see if you can sue your wife for giving you the bad advice on where to park.

[RPB]

Also see if the false imprisonment you felt you received is sue worthy.

Interesting article on this link RE: Citizens arrest for Disorderly Conduct - Language -> http://www.totallawyers.com/legal-artic ... oversy.asp" onclick="window.open(this.href);return false;

Last few paragraghs ...

La Marque Fire Chief Todd Zacherl supports Decker's actions at Wal-Mart. He says that Fridge was breaking the law and since Decker was in uniform, he was obligated to uphold the law. Never mind that he's a fireman, and not actually a cop.

Decker is certified by the state of Texas as a firefighter, peace officer, fire investigator and fire inspector. Still, many people feel that he crossed the line when he created a scene at Wal-Mart.

However, Decker was entitled to make a citizen's arrest if Fridge had indeed broken the law. The legal debate in this case seems to be not so much about the arrest itself.

The question remains about who actually broke the law.
Was it Fridge, by using profanity that could be overheard? Or was it Decker, who through his actions created what could be construed as an immediate breach of the peace?

Many people may agree that no violation of the law occurred, and that this is a case that should not be allowed to use up the court's limited time and resources simply to stroke a fireman's ego.
========================================
FROM:
http://wiki.answers.com/Q/Who_can_make_ ... t_in_texas" onclick="window.open(this.href);return false;
Whoever witnessed the disorderly conduct can file the complaint, provided they have the legal standing to do so. Infants and children, for example, cannot file but their parents might be able to file for them.

In general, complaints are often filed by a police officer who writes the offender a ticket. The offender may also be arrested. However, if the officer(s) did not see the offense they will not file the complaint themselves. In that case, the burden falls onto the person who witnessed the disorderly conduct.
If an officer responded to an incident, but did not see the incident, some police agencies allow citizens to sign the officer's ticket book which, in effect, files the complaint. Other agencies require the complainant to go to a local court.
=====================

I'm not a lawyer, but I'm just guessing your lawyer might soon be looking at things like cases which cite:
Woods v. State, 213 S.W. 2d 685, 687 (Tex. Crim. App. 1948)
Head v. State, 96 S.W.2d 981, 982 (Tex. Crim. App. 1936).
"immediate breach of the peace"
11 C.J.S. (Corpus Juris Secondum) Breach of the Peace ' 4 (1995)
And similar things ....
Good Luck with it.
I am not a lawyer, nor do I look like, sound like, dress as well as, or smell as good as one.

[capttjk]

In general, complaints are often filed by a police officer who writes the offender a ticket. The offender may also be arrested. However, if the officer(s) did not see the offense they will not file the complaint themselves. In that case, the burden falls onto the person who witnessed the disorderly conduct.
If an officer responded to an incident, but did not see the incident, some police agencies allow citizens to sign the officer's ticket book which, in effect, files the complaint. Other agencies require the complainant to go to a local court.
=====================

neither of these occured. The security guard never signed the ticket or ticket book and he did not flie anything in court. The ISD police officer decided to write me the ticket without any of the above.

[capttjk]

Also see if the false imprisonment you felt you received is sue worthy.

While you are at it see if you can sue your wife for giving you the bad advice on where to park.

yeah, I must say I wasn't real happy with her either after this!

[gigag04]

Dude...your lawyer should be able to help you out here.

That's wierd that the ticket got written...DOC - Language is like a problem solving law for me. If I'm trying to serve a warrant and suspects brother is making a scene and getting in the way and cussing, we'll warn him to calm him down, and then if he continues, he gets arrested for DOC Language if he continues cussing with other people around.

[marksiwel]

Also see if the false imprisonment you felt you received is sue worthy.

While you are at it see if you can sue your wife for giving you the bad advice on where to park.

Or better yet divorce her and take half her stuff

[capttjk]

Dude...your lawyer should be able to help you out here.

That's wierd that the ticket got written...DOC - Language is like a problem solving law for me. If I'm trying to serve a warrant and suspects brother is making a scene and getting in the way and cussing, we'll warn him to calm him down, and then if he continues, he gets arrested for DOC Language if he continues cussing with other people around.

When the cop arrived, it was over. I had said my one bad word about 3 or 4 minutes before he got there to the security guard. The cop didn't see me say anything, he just listened to our stories and decided to write me a ticket because I said the bad word and the security guard said he was "offended". I am looking forward to what the lawyer has to say on Friday when I meet with her. I spoke with a legal aid on the phone at the law firm today when I called to make an apointment, and she was clear that based on my story, she coudn't make any promises of course but also indicated it shouldn't be that much of a problem to take care of. But you never know I guess.

[capttjk]

Also see if the false imprisonment you felt you received is sue worthy.

While you are at it see if you can sue your wife for giving you the bad advice on where to park.

Or better yet divorce her and take half her stuff

well, based on what we make, I make more than twice what a teacher does, so she would end up getting most of my stuff!