disturbing the peace justifiably

[ev1lch1k]

I was at an elementary school function when my 9 year old daughter came up to me and told me a woman grabbed her and her friend. She told me her friend had said "God dang it" and the woman told them not to be cussing. I approached the woman and asked her what gave her the right to grab a child especially one that wasn't hers. She told me she didn't do it and I asked her if it would be appropriate for me to grab her child if she said something I thought was inappropriate. She said yes. With that response I asked her to go outside. Upon her refusal I called her a "sick fucking bitch" and that was ludicrous, no one should be able to touch your children. Then I walked off. Two days later I received a phone call from the city police charging me with disturbing the peace. I spoke with my attorney who told me to plead not guilty and we would fight it. I did just that at my arraignment. Today I contacted him to see if there was anything I needed to do and he told me he wouldn't be able to be there and just to go in and tell my side of the story. My trial is set for tomorrow, January 3rd at 1:30p.m. and I have no attorney. I don't know what to do. I have no legal experience whatsoever and now I will be defending myself in a trial. Please help me.

 

[CdwJava]

That seems an odd procedure ... I would think that the first hearing would be an arraignment where you essentially plead guilty or not guilty, and that should be about it for that moment.

What state are you in, and what code section were you charged with? Do you know if it was a state law or a local municipal or county code?

In my state, when you ask someone to go outside in what is likely an invitation to fight, that can be charged as a misdemeanor for disturbing the peace. It is likely a similar situation where you are.

- Carl

 

[ev1lch1k]

at my arraignment i plead not guilty as my (former) attorney instructed. tomorrow is my trial. i am in Casper, Wyoming. it is in municipal court and the code is 9.20.010

 

[CdwJava]

Here is the section you have been cited for:

9.20.010 Disturbing the peace--Described--Prohibited.

A. A person is guilty of disturbing the peace if he or she:
1. Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another person;
2. Disrupts any lawful assembly or meeting of persons without having the lawful authority to do so;
3. Obstructs pedestrian or vehicular traffic without lawful authority to do so, and refuses or intentionally fails to cease such activity when ordered to do so by a police officer or other lawful authority known to be such. "Obstruct" means to render impassable, and thereby subject passersby to unreasonable inconvenience or hazard;
4. Commits any act in a violent or tumultuous manner toward another person, whereby the property of any person is placed in danger of being destroyed or damaged;
5. Fails to obey a lawful order to disperse by a police officer, when known to be such, where one or more persons are disturbing the peace in the immediate vicinity, and the public health and safety is imminently threatened;
6. Resists or obstructs the performance of duties by any police officer, fireman or other authorized official of the city known to be such;
7. Interferes with another person's pursuit of a lawful activity by acts of violence;
8. Uses threatening, abusive or obscene language or violent actions with knowledge or probable cause to believe he will disturb the peace.
B. No person shall knowingly permit upon any premises owned or possessed by him or her, or under his order or control, any person disturbing the peace as defined in this section. (Ord. 47-87 § 1, 1987: prior code § 26-7)

I would say either subsection 1 or 8 are the likely angles here.

So, you are attending your trial by yourself? It would seem that your attorney is falling down on the job if you are paying him for this.

Is this a bench trial? Or, is this a jury trial? I suspect, bench.

You may want to call your attorney's office tomorrow morning and ask how you can properly request a continuance until he CAN make the hearing. However, if these are similar to traffic courts, it might come down to you versus your accuser anyway. But, if you are facing a prosecutor in this matter, and you have the potential of jail time or a large fine, I would definitely request a continuance due to non-appearance of counsel.

A decent attorney should help you find substitute counsel or would have submitted some document to the court asking for the continuance due to his scheduling conflict.

- Carl

 

[Scooterdog]

at my arraignment i plead not guilty as my (former) attorney instructed. tomorrow is my trial. i am in Casper, Wyoming. it is in municipal court and the code is 9.20.010

Well, well, well, I see the Great state of Wyoming is still up to it's old witch hunts.

Ask for a "continuence" so you can "find" a shyster! They should give you thirty days, even in that god foresaken land.

Get the continuence, write back.

PS. I have a hatered for that state, and would love to flip you some free advice, those sorry m#####F@@@@@! Better check the blood lines in that state. Peaces of s@@@.

 

[Scooterdog]

That seems an odd procedure ...- Carl

ITS FREAGIN WYOMING!! They follow only inbread laws, they don't recoginise rights. Of course it seems odd. Thats one state China could have.

 

[Scooterdog]

at my arraignment i plead not guilty as my (former) attorney instructed. tomorrow is my trial. i am in Casper, Wyoming. it is in municipal court and the code is 9.20.010

Play stupid. Thats not a crime. You need a "lawyer", you NEED time to find one. Just becuase worthless peace of crap one pulled out, doesn't exclude you for the big prize, peace of crap two.

Get the hell out of that state, nothing good will become of you staying in that brother/sister state. :no:

 

[ev1lch1k]

Ya, I know this state is the biggest shithole on the planet but mine and my husbands parents are here so we won't be moving for a while so I have to deal with what I have to deal with....
Anyway, should I try to just defend myself or would that be stupid? Should I have an itinerary of what I plan to do and say or should I just spring for the continuance and obtain a lawyer as reliable as possible? How do I ask for that? I don't want to go in there looking like a dumb ass! And hey thanks guys for getting back with me so quickly!

 

[Scooterdog]

Ya, I know this state is the biggest shithole on the planet but mine and my husbands parents are here so we won't be moving for a while so I have to deal with what I have to deal with....
Anyway, should I try to just defend myself or would that be stupid? Should I have an itinerary of what I plan to do and say or should I just spring for the continuance and obtain a lawyer as reliable as possible? How do I ask for that? I don't want to go in there looking like a dumb ass! And hey thanks guys for getting back with me so quickly!

Anyway, should I try to just defend myself or would that be stupid?

Incompetence hires a lawyer. You have the right to ask for a continuence in court, to find a lawyer. I assume the bastards ddint' trick you into signing some freagin thing giving that away.

Should I have an itinerary of what I plan to do and say or should I just spring for the continuance

NO! Keep your mouth shut! Just repeat, over and over,, "I don't understand, I need a lawyer". When the prosecutor start his game, stating nothing but lies, "Objection your honor, I believe I need a lawyer, I don't understand!".

If you don't object, you CAN NOT APPEAL THE ISSUE. Just play stupid. Make the bastards give you a shyster, or time to find the proper defense.

In my papers on ANY criminal charge, I put this in:

It is an undisputed fact that the Accused demands the Common Law Right of 'Sua Sponte'. The Accused demands in all proceedings, a court of record with a certified court reporter to provide a full written transcript. The court will inform the Accused at every stage of the proceedings of the Accused's Rights, and in a timely manner. If the Court fails to observe this free and natural Sovereign's Rights in every respect, the court through injustice, becomes renegade to the Constitution of the United States, and forfeits all jurisdiction over the Accused.

AND(I'd have six recordings, they dissapear in that shit hole.)

It is an undisputed fact that court-appointed counsel is both incompetent and beholden to the Accused's adversary. see Burgett v. Texas 389 U.S. 109, the Accused demands that the court make monies available so that the Accused may find competent impartial counsel on the Accused's own, in whom the Accused may have confidence. If these demanded monies are not made available, the Accused will stand before the court in propria persona without counsel, and under the foregoing conditions, only the Accused can speak for the Accused Chandler v. Fretag, 348 U.S. 3 ; Faretta v. California, 422 U.S. 806. The Accused understands that one cannot be incarcerated by the court unless one has counsel at trial. The Accused will NOT sign a waiver to counsel. The Accused will engage counsel only under the aforesaid conditions see, Argersinger v. Hamlin 407 U.S. 25 (1972) et al.

It is an undisputed fact that the Supreme Court of the United States has ruled that any crime for which a person may be incarcerated is an Infamous Crime Mackin v. U.S. 117 U.S. 348 et al. The Fifth Amendment provides for indictment in all infamous crimes. The Accused understands that any attempt at prosecution of this free and natural Sovereign in the absence of said indictment constitutes a willful violation of Rights by the court, and/or its officers. The Accused will demand that the instructions to the Show Cause/Grand and Trial jury include: "The jury has an unreviewable and unreversible power.. to acquit in disregard of the instructions given by the trial judge." U.S. v. Dougherty, 473 F 2d 113

Get that continuence. :angel