CR 10-201: Disorderly Conduct

Under Maryland law the crimes of disorderly conduct, disturbing the peace and failure to obey a law enforcement order are all listed in the same statue.  There is also a seldom used charge for obstructing the free passage of another in a public place included in the disorderly conduct statute, which is codified in 10-201 of the criminal law section.  Disorderly conduct is defined as willfully acting in a disorderly manner that disturbs the public peace.  This includes making unreasonably loud noises such as playing music or yelling/screaming while in public.  Public places are not limited to government owned property such as parks and streets, but rather any place that the public can access for business, entertainment or any other lawful purpose.  This includes shopping centers, hotels and restaurants, parking lots and schools.  The statute also includes public conveyances such as planes, boats, busses and trains.  A charge for failure to obey a reasonable lawful order typically accompanies a disorderly charge if police are present and ask the suspect to calm down or leave the scene.  Although it is part of the same statute, a defendant could technically be found guilty of most failure to obey and disorderly.
 
If a defendant is yelling in the street and it causes other people to be disturbed the police may respond and arrest the person for disorderly conduct even if the police are not a witness.  Law enforcement could use video footage or even witness statements to charge a person.  If the police arrive and the disturbance is still ongoing, the suspect risks an additional charge for failure to obey if he or she does not comply with an order to leave the scene.  A charge for obstructing or hindering free passage of another person typically occurs if a suspect is intentionally blocking a street or sidewalk or preventing others from entering a building.
 
Lawmakers have recently addressed conduct related to disturbing sporting events in light of recent incidents that tend to attract media attention.  Maryland criminal law 10-203 punishes those who interfere with commercial athletic events by throwing or projecting objects on the playing field or court.  It also punishes disturbing the seating area by throwing or projecting an object.  This would include using a laser pointer to disturb the players or other fans.  Interference with a commercial athletic event is a misdemeanor punishable by up to 90 days in jail and a $250 fine.  Trespass is another offense related to disorderly conduct and the offenses are frequently charged together.  Maryland criminal law 6-402 prohibits a person from entering property where no trespass signs are posted or returning to a property after being issued a no trespass order.  Trespassing is punishable by up to 90 days in jail for a first offense and up to 6 months if a second offense occurs within 2 years.  Third and subsequent offenses carry up to 1 year in jail.
 
Defending a disorderly conduct charge often comes down to convincing the judge or jury that conduct did not rise to the level of a criminal offense.  There is no exact definition of what constitutes disturbing the public peace, but if the State is arguing that the public was disturbed then they better have a member of the public available to testify in court.  If not then there is an argument that the conduct may just have been loud or even obnoxious, but not disorderly.
 
Disorderly conduct and disturbing the peace carry a maximum penalty of up to 60 days in jail and a $500 fine.  A defendant cannot request a jury trial if he or she is only charged with disorderly so the case must stay in district court unless it is appealed.  Police can arrest a person for disorderly or issue a criminal citation and the maximum penalty is the same.
 
Maryland disorderly conduct attorney Benjamin Herbst has successfully defended numerous disturbing the peace and disorderly cases throughout the state.  Defendants charged with disorderly often have a minor or no criminal record whatsoever.  Benjamin fights to keep his clients out of jail and their criminal records clean.  He includes filing for expungement in all his cases.  Contact Benjamin at 410-207-2598 to discuss your case anytime.