We represent many students, business, medical and legal professionals living in and visiting City of Chicago. On Thursday, Friday and Saturday nights my clients are out at bars and restaurants having a good time. They may be drinking heavily to blow off steam after an exam, a bachelor party, or a big cubs win. Inevitably, an officer sees or think he/she sees something that is a “breach of the peace” and a future client is charged with disorderly conduct.
While the FBI statistics claim that the three most common charges in Chicago are theft, burglary, and aggravated assault. I’ve witnessed an increase in the number of my clients charged with disorderly conduct.
Chicago Police Officers have a lot of discretion when charging individuals with disorderly conduct. In fact, a CPD officer may charge a person under either the Municipal Code of Chicago or the Illinois Compiled Statute.
The Chicago Municipal Code 8-4-010 entitled Disorderly Conduct is a civil violation punishable by a fine between $0 and a $500 fine. Even though it is a civil violation the police officer may arrest you for the violation and require your appearance in court depending on the circumstances.
Disorderly conduct in violation of 720 ILCS 5/26-1(a)(1), is a Class C Misdemeanor. A person commits disorderly conduct when he/she knowingly does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace. A Class C Misdemeanor is punishable by up to 30 days in jail and a maximum fine of $1,000.
In either circumstance, you should have a lawyer represent you to ensure that you properly dispose of the matter. You may also Fenbert & Associates to represent you to apply for an expungement of your record in the future.