Disorderly Conduct Attorney Lake County, Illinois
DISORDERLY CONDUCT is charged very frequently in Lake County, Illinois criminal court. If your Lake County disorderly conduct case is like many others, you are charged with a class C misdemeanor offense. A class C misdemeanor is a criminal offense that can lead to a criminal conviction and time in jail. Other types of disorderly conduct charges, known as ordinance violations, are punishable less seriously than misdemeanors. Disorderly conduct ordinance violations are "quasi-criminal" in nature. They can lead to criminal records and are punishable by fines and other conditions but cannot include incarceration. Still other types of disorderly conduct charges are more serious than misdemeanor versions of the offense. Felony disorderly conduct charges can lead to felony convictions and even time in prison.
The charge of disorderly conduct has a number of different elements. If your case proceeds to trial, the prosecution must prove all of these elements beyond a reasonable doubt. The HoffmanLaw Office has many years of experience with Lake County disorderly conduct cases. As your Lake County criminal defense advocate, we will take a close look at the charges and allegations against you. We will perform a thorough analysis of the issues in your case and fiercely pursue the best possible outcome.
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HoffmanLaw(847) 587-5000
HoffmanLawDeveloping Effective Strategies to Defend Your Lake County Illinois Disorderly Conduct Case
Developing Effective Strategies to Defend Your Lake County Illinois Disorderly Conduct Case
Lake County Illinois Disorderly Conduct Lawyer
Lake County Illinois Disorderly Conduct Lawyer
Your DISORDERLY CONDUCT charge likely alleges that you knowingly did some act in such an unreasonable manner as to alarm or disturb another person and provoke a breach of the peace. See, 720 ILCS 5/26-1(a)(1). This most commonly charged type of misdemeanor disorderly conduct case is a class C misdemeanor offense, punishable by up to a $1,500 fine and up to 30 days in jail.
As can be seen, this section of the Illinois disorderly conduct statute is worded very generally. It outlaws “any act” performed in the specified manner. This means that you may have been charged with the offense of disorderly conduct due to an innumerable number of circumstances. The police officer who charged you with this offense must have made a judgment call that your conduct was or did all of the following:
Because the charge of disorderly conduct requires the prosecution to prove all three of these elements of the offense alleged, if the prosecution is unable to prove any one of these elements beyond a reasonable doubt, you should be found not-guilty of the charge.
Attacking the Prosecution's Version of Your Case
Attacking the Prosecution's Version of Your Case
The HoffmanLaw Office has many years of experience with Lake County disorderly conduct charges. We understand the prosecution’s burden of proof in disorderly conduct cases. We will work hard to raise reasonable doubt in your defense. Any charge of disorderly conduct must be taken on a case-by-case basis. No two disorderly conduct cases are identical.
The elements of the offense of disorderly conduct do, indeed, require that subjective judgments be made in order to substantiate the alleged offense. First, the officer who arrested and charged you must have made a judgment that whatever your conduct, it was done knowingly and unreasonably, it did alarm or disturb another person, and it did provoke a breach of the peace. Second, if your case proceeds to trial before a judge or a jury, the trier of fact also will be called upon to make a judgment as to whether your conduct formed the basis of the disorderly conduct offense.
All of these judgments and conclusions required for you to be properly found guilty of a disorderly conduct offense create room for the defense to raise reasonable doubt. If there is reasonable doubt that any one of the elements of disorderly conduct exists, then you should be found not-guilty.
The HoffmanLaw Office works hard to raise reasonable doubt in disorderly conduct cases. We analyze the evidence, the statements of witnesses, and look for weaknesses in and problems with the prosecution's version of the case. Of course, we understand you have been accused of a criminal offense and charged accordingly. Yet, we make no assumption as to the legitimacy of the prosecution’s evidence against you. We will work to both question and attack the prosecution’s entire concept of your case.
The HoffmanLaw Office works hard to raise reasonable doubt in disorderly conduct cases. We analyze the evidence, the statements of witnesses, and look for weaknesses in and problems with the prosecution's version of the case.
~Attorney Matt Hoffman, the HoffmanLaw Office
HoffmanLaw(847) 587-5000
What is Disorderly Conduct?
What is Disorderly Conduct?
Knowingly Doing Any Act in Such an Unreasonable Manner
As to Alarm or Disturb Another
And Provoke a Breach of the Peace
Why Choose HoffmanLaw to Defend Your Lake County Illinois Disorderly Conduct Case?
Why Choose HoffmanLaw to Defend Your Lake County Illinois Disorderly Conduct Case?
Analysis.
The HoffmanLaw Office always is focused on the presumption of innocence. Building on this presumption, the HoffmanLaw Office performs a systematic and searching ANALYSIS of the facts alleged in your case. This intensive analysis exposes weakness in the prosecution's evidence and develops powerful defense arguments and strategies.
Preparation.
The HoffmanLaw Office strives to know completely the facts and law of your case. In criminal court, good results do not often emerge by chance. They come through intense PREPARATION that lays the groundwork for success. When you select the HoffmanLaw Office as your legal advocate, you team yourself with a philosophy of extreme preparation.
Results.
The HoffmanLaw Office views every time it appears in court with you as an opportunity to achieve RESULTS. Whether it is negotiating during a pretrial conference, cross-examining a witness, or delivering a closing argument at trial, the HoffmanLaw Office strives to be your best advocate at all times.
Facing Lake County Illinois Criminal Disorderly Conduct Charges?
HoffmanLaw offers almost two decades of Lake County Illinois criminal trial experience.HoffmanLawDefending all Fact-Specific Types of Disorderly Conduct
Defending all Fact-Specific Types of Disorderly Conduct
The Illinois law criminalizing disorderly conduct punishes other specific types of behavior beyond knowingly acting in such an unreasonable manner as to alarm or disturb another and provoke a beach of the peace. In fact, the statute punishes many other much MORE SPECIFIC TYPES OF CONDUCT, including making a fake police report, issuing a false bomb threat, falsely claiming fire, and threatening a school. The HoffmanLaw Office defends all of these other forms of disorderly conduct allegations in the Lake County, Illinois criminal courts.
This is a class 4 felony. Transmitting a false alarm of fire to a fire department, knowing that there is no reasonable ground to believe a fire exists. See, 720 ILCS 5/26-1(a)(2).
This is a class 3 felony. Transmitting a false alarm to the effect that a bomb is concealed in a place where its explosion would endanger human life. See, 720 ILCS 5/26-1(a)(3).
This is a class 4 felony. Transmitting a threat of destruction of a school or school property, or a threat against persons at a school, school function, or school event. See, 720 ILCS 5/26-1(a)(3.5).
This is a class 4 felony. Transmitting to the police a false report to the effect that an offense will be committed, is being committed, or has been committed. See, 720 ILCS 5/17-26-1(a)(4).
This is a class 4 felony. Calling the number "911" to make a false complaint and reporting information while knowing there is no reasonable ground for making the call and knowing that the call could result in an emergency response See, 720 ILCS 5/26-1(a)(6).
This is a class A misdemeanor. Entering upon the property of another and for a lewd or unlawful purpose deliberately looking into a dwelling on the property through any window or other opening in it See, 720 ILCS 5/26-1(a)(11).
HoffmanLawDefending Serious Felony Disorderly Conduct Charges in Lake County Illinois Criminal Court
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Defending Juveniles Against Disorderly Conduct Charges at Juvenile Court in Vernon Hills
Defending Juveniles Against Disorderly Conduct Charges at Court in Vernon Hills
The HoffmanLaw Office also defends disorderly conduct charges at the Lake County, Illinois juvenile courthouse in Vernon Hills. 
Juvenile court prosecutions are governed by penalties, rules and procedures that often differ greatly from those that apply in adult court, including those discussed on this page.
Attorney Matt Hoffman of the HoffmanLaw Office has many years' experience with Lake County juvenile delinquency proceedings and "Petitions for Adjudication of Wardship." He is a former Lake County Assistant State's Attorney who used to prosecute juvenile cases in Lake County juvenile court. If your child is charged with disorderly conduct, or with any other related offense in Lake County juvenile court, the HoffmanLaw Office has the specific experience necessary to work toward an intelligent and effective resolution of the case.
Matt Hoffman is a former recipient of the Lake County, Illinois Juvenile Justice Award.
HoffmanLawLegal Issues Blog
Vagueness of Disorderly Conduct Law Can Benefit the Defense
The crime of disorderly conduct, as defined in Section 26-1(a) of the statute, arguably is the most generally defined offense in Illinois criminal law. Disorderly conduct is defined so generally that it is impossible to list all the different scenarios in which it can be charged.
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A long time ago, the Illinois Supreme Court passed on the intentional generality of the statute when asked to decide if its wording was unconstitutionally overbroad. The court concluded it was not:
"It is true," wrote the court, "that Section 26-1(a) does not attempt to particularize all of the myriad kinds of conduct that may fall within the statute. The legislature deliberately chose to frame the provision in general terms, prompted by the futility of an effort to anticipate and enumerate all of the methods of disrupting public order that fertile minds might devise. Section 26-1(a) is a general provision intended to encompass all of the usual types of 'disorderly conduct' and 'disturbing the peace.' Activity of this sort is so varied and contingent upon surrounding circumstances as to almost defy definition. In addition, the task of defining disorderly conduct is further complicated by the fact that the type of conduct alone is not determinative, but rather culpability is equally dependent upon the surrounding circumstances. These considerations have led the Committee to abandon any attempt to enumerate 'types' of disorderly conduct. Instead, another approach has been taken. As defined by the Code, the gist of the offense is not so much that a certain overt type of behavior was accomplished, as it is that the offender knowingly engaged in some activity in an unreasonable manner which he knew or should have known would tend to emphasis alarm or provoke others. The emphasis is on the unreasonableness of his conduct and its tendency to disturb. S.H.A. chap. 38, par. 26-1. Drafting Committee Comments." People v. Raby, 40 Ill.2d 392, 240 N.E.2d 595, at 598 (Ill.2d, 1968).
Often, in situations where the police are unable to charge any other crime, disorderly conduct becomes the offense they claim. This is because, consistent with the observations of the Raby court, the disorderly conduct statute is worded so generally it can be used to attempt to punish conduct not criminalized by any other law.
A problem with the disorderly conduct statute, however, is that, unlike most other statutes that very specifically describe the conduct amounting to a violation, the charge of disorderly conduct does not. When police charge someone with disorderly conduct, almost always they are required to interpret whether the defendant's conduct was “so unreasonable,” or actually was “alarming or disturbing,” or actually did “provoke a breach of the peace.”
The vagueness of the disorderly conduct statue can be of great benefit to the defense. So, too, can the number of different elements that must be proven beyond a reasonable doubt.
~Attorney Matt Hoffman, the HoffmanLaw Office
Not every allegation of disorderly conduct constitutes a criminal offense. A person's conduct, for instance, may not be criminal but instead may fall under the First Amendment's protection of freedom of speech.
Alternatively, if the case goes to trial, the alleged victim may fail to testify that the defendant's behavior was alarming or disturbing. If the alleged victim did testify that he or she was alarmed or disturbed, the prosecution still might fail to prove that there was, indeed, a breach of the peace, or that the defendant's alleged conduct was 'so unreasonable' as to amount to a crime. It is possible, in fact, that the alleged victim's reaction to the defendant's alleged conduct was the thing that was unreasonable in the case, not anything the defendant did.
Generally, police are not allowed to testify at trial to what the alleged victim told them occurred. The evidentiary rule against hearsay prohibits this. So, if the prosecution wishes to prove its case, most of the time the alleged victim must appear in court and testify. If the alleged victim does testify, he or she will be subject to cross-examination, and may not be able to keep his or her story straight.
The misdemeanor charge of disorderly conduct is criminal in nature. If you are charged, found guilty, and then convicted of this offense, you will have a criminal record. In this most basic regard, even a class C misdemeanor charge of disorderly conduct is serious. A local ordinance charge of disorderly conduct, too, can have undesirable implications. Illinois courts have remarked that ordinance violations are "quasi-criminal" in nature.
The vagueness of the disorderly conduct statue can be of great benefit to the defense. So, too, can the number of different elements that must be proven beyond a reasonable doubt. If your disorderly conduct charge attempts to criminalize behavior which, if it actually did occur, nonetheless was lawful, then you should be found not guilty of the offense. Additionally, if any one of the basic elements of the offense alleged cannot be proven, you should be acquitted of the charge. The HoffmanLaw Office has almost two decades of Lake County, Illinois criminal court experience and understands the many issues that can arise in disorderly conduct cases.
HoffmanLawHere to Defend You Every Step of the Way
Bond Court
In Lake County misdemeanor and felony cases, if you are arrested you might be brought before a judge for a bond hearing. At your bond hearing, the judge will consider the charges, the alleged facts, your criminal history, and other factors. Then the judge will set the conditions of your bond. You might be released on your signature or have to post money before you get out of jail. Your bond hearing can be the first time you appear in front of a judge in your case. The HoffmanLaw Office has nearly two decades of Lake County bond court experience in misdemeanor and felony cases. If you have been or are going to be arrested, the HoffmanLaw Office is ready to get to work quickly as your advocate at this early and important step in your case.
Preliminary Hearing
In a Lake County felony case, you have the right to a preliminary hearing or indictment. At your preliminary hearing, the prosecution will call witnesses to try to prove to a judge that there is probable cause that you committed a felony offense. If the judge finds probable cause, your case will be scheduled for arraignment. If the judge finds no probable cause, your charges will be dismissed. If no preliminary hearing is held, your case can be presented to the Grand Jury for indictment. The HoffmanLaw Office has almost two decades of experience with preliminary hearing and Grand Jury issues in Lake County felony cases. The HoffmanLaw Office knows how to assert your rights during this often technical part of your case.
Arraignment
In Lake County misdemeanor and felony cases, at your arraignment the judge formally will advise you of the charges you are facing and tell you their maximum possible penalties. The judge will order the prosecution and defense to comply with discovery rules. These rules will require the prosecution to turn over copies of police reports and other written evidence. At your arraignment, you will be asked to enter a plea. Almost all arraignments include a plea of “not-guilty.” The HoffmanLaw Office has represented clients in many hundreds of Lake County arraignments. This Office knows how to defend and assert your Constitutional rights at this significant step in the court proceedings.
Pretrial Conference
A pretrial conference is a court appearance after arraignment in a Lake County misdemeanor or felony case. At a pretrial conference, the prosecution and defense can work toward reaching an agreed resolution of your criminal charges. The HoffmanLaw Office views pretrial conferences, and every other court appearance in your case, as opportunities to advocate on your behalf. There can be multiple pretrial conferences as your case moves forward. During any pretrial conference, the HoffmanLaw Office is focused on the fact that you are presumed innocent. With this presumption always in mind, this Office has many years of experience in negotiating for positive outcomes in Lake County criminal court.
Motion Practice
The HoffmanLaw Office uses pretrial motions to try to favorably alter the outcome of your criminal case. A carefully written and successfully argued pretrial motion can have a profoundly positive effect on the outcome of your case. This is especially so when, for example, the court rules your confession was involuntary, or rules you were the victim of an unlawful search and seizure, or rules you were inappropriately identified in a police lineup, or even rules your charges are so problematic they must be dismissed. The HoffmanLaw Office works hard to analyze the facts and law of your case in exploring the use of effective pretrial motions.
Trial
At its core, the HoffmanLaw Office is a trial law firm. It is built on almost two decades of Lake County criminal court trial experience. If your charges do not resolve during the pretrial process, your case will go to trial. As your advocate, the HoffmanLaw Office will bring many years of Lake County criminal court trial experience to your defense. Attacking the prosecution's evidence, questioning the opinions of prosecution experts and police, and aggressively cross-examining prosecution witnesses are proven ways of raising reasonable doubt in the rigorous pursuit of a not-guilty verdict. The HoffmanLaw Office never waivers from its pursuit of your success.
HoffmanLaw(847) 587-5000
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