Fighting a Case of Disorderly Conduct?

Question

Greetings,

Two of my brothers made prank phone calls using *67 to some friends and their families. Apparently, they prank phone calls became excessive, or beyond a typical prank phone call. No threats were made, nor anything violent, but I guess they shook up one of the families, and called one other several times.

The cops "apparently" tracked the call with the patriot act (I thought that was a little excessive for a prank phone call), but now the detective told one of my brothers he will be charged with two counts of disorderly conduct, and the other still doesn't know what he has coming.

I guess no papers have been flied, and there are no court dates. The one brother who is getting the disorderly conduct told them the whole honest story.

They are both minors, and apparently are facing probation, and could have been sent to Juvi. The one brother who is getting two counts of disorderly conduct has a past of prank phone calls.

My question is, is it worth getting a lawyer and trying to fight the case? How likely under these circumstances he can get away without probation. I'm willing to pay any costs, but how much would one expect to pay a lawyer for this kind of case, additionally what kind of lawyer would one seek?

ANY information or suggestions is helpful.

Answer 1

I would suggest you don't fight it at all. Being that one has not yet learned about the consequences of said prank calls, I believe they deserve to face the punishment without someone bailing them out.  Will you always be there to bail them out of the next time they get in trouble with?  

Answer 2

Bring a lawyer probably not much he can do and probably cost you anywhere up to 1,000 dollars.  

Answer 3

I tend to fight any charges against me, but usually they are minor things.

This is extremely minor, and I'm sure you can get out of it by explaining to a judge that it was just a little prank for fun, not meant to hurt anyone, and they would not do it again.

But yes, consult a lawyer to be sure.

Answer 4

First off the patriot act has nothing to do with this case.  Neither does disorderly conduct.  The charge, if there would be one, is Harrassing Phone Communications. Sounds to me the investigator is doing the job of the parent and trying to give them a little scare so they don't do it again.

Answer 5

You'd need a criminal defense lawyer.

Cost-$500-1000 ?

Answer 6

You should contact a local lawyer who specializes in juvenile cases and explain the situation to them. They can tell you if its worth fighting based on the area judges and how these sort of cases are normally resolved in your area. A big factor in juvenile cases is the Judge; some are more likely to give lesser punishments than others based on the past records of the defendant and how old they are now and were at the time of past offenses.

Personally, since one boy already has a record, I wouldn't bail them out...they need to see the consequences of their actions while they are still minors and it won't ruin the rest of their lives. You won't always be there to bail them out, and when they are adults crimes will face more serious consequences.

Answer 7

Here's the issues of getting a lawyer-

The cost, the competency of the lawyer, the integrity of the lawyer. Which in my experience are high, indifferent and sketchy.

What exactly do you think a lawyer is going to achieve? Is a lawyer going to somehow prevent the evidence, police investigation, and statements made to the police from being admissiable? Not unlikely.

What is likely, however, is the attorney will try to convince your brothers and your parents not to take the sweetheart deal of probation and fight the charges. Nothing to do with the chance of winning the case, but as the attorney can charge more if there is a trial. The fact that your brothers might end up in juvie as a result (should they be found guilty), will not influence most defense attorneys that I know.

Your brothers are minors this disappears when they turn 18...it isn't going to ruin their life. What will s***w them up, is if ma and pa (or big sister) keep trying to bail them out of the trouble they've caused for themselves. Time to teach them to man up.

EDIT-if I'm reading this right, you're concerned that if your brothers get probation, they may do something else, which with them being probation results in even worse consequences...

Ok here's the three possibilities of the situation:

1)You pay a lawyer a couple of grand to fight the charge and somehow your brothers get out of this. Possible, but based upon what you have written, unlikely.

2)You pay a lawyer a couple of grand to fight this. Brothers are found guilty. Probation is off the table because of legal fight. To me, a decent likihood of occuring.

3)Your brothers accept the plea of probation. Everything is done when their probation period is up...no second guessing anything.

With whichever of the above occurs, if your brothers s***w up again..it doesn't matter (to a degree) whether they were on probation, served some time in juvie or have had cases dismissed against them. They will still have to face the new issues. If they're already been to juvie, then its more than likely they will go back. If they previously beat a decent case (and are facing the same DA's office or city attorney), then its unlikely they will be offered anymore sweetheart deals. Whereas, if they are on probation, they may go to juvie, or they may just get "intensive" probation, or a probation entension. It will mainly depend upon what they get themselves into.

Of course, maybe with the right influences this could be their last brush with the law.