Did you know that swearing at a police officer can be considered a crime? The right to free speech which is protected by our First Amendment is often completely ignored by law enforcement officials in Loveland, Estes Park, and Fort Collins. You can be charged with Disorderly Conduct if you yell or swear at a police officer after being pulled over, or approached. Let’s take a closer look at how this could happen:
What is Disorderly Conduct in Larimer County?
Disorderly Conduct – C.R.S. 18-9-106, is criminal offense in Larimer, Boulder, and Jackson County. A person will be charged with Disorderly Conduct if they recklessly, knowingly, or intentionally:
There are other instances where a person can be charged with Disorderly Conduct, such as making unreasonable amounts of noise, fighting, or discharging or displaying weapons, but today we’ll discuss the first part of the statute.
Fort Collins Disorderly Conduct Attorney: “Fighting Words” are an Exception to First Amendment Rights
The Supreme Court has determined that some language is not protected by the First Amendment. These are “fighting words,” or words which tend to “incite an immediate breach of the peace.” However, simply cursing at someone (even the police) is not considered to be fighting words by our courts.
Swearing at Police: You Can Be Charged with a Crime
Unfortunately, some police officers believe they are above the law. And, they often incite anger in people. For example, just the other day I was approached by a police officer who was rude, and treated me like I was a criminal. The way he spoke to me made me want to be rude in response. Thankfully, I kept my head, and didn’t lash out. But, if I had, I could have been charged with Disorderly Conduct or Obstruction of a Peace Officer. We worked with a client once who was facing charges because she swore at a cop. You can also face charges if you “flip the bird” or use any obscene utterance or gesture. While many Disorderly Conduct cases involving swearing at police officers are dismissed on First Amendment grounds, it is frustrating we even had to deal with this issue. Our clients don’t deserve a night in jail just for standing up to an overly aggressive officer.
Why You Need an Experienced Criminal Defense Attorney in Fort Collins
Many people are unlawfully charged with crimes. Unfortunately, they don’t always know their rights, so they don’t fight the charges, and instead plead guilty to avoid jail time and embarrassment. This is the worst decision you can make. If you have been charged with a crime which goes against your First Amendment rights, you need to fight the charges against you. If you plead guilty, you will always have a criminal record and may have a difficult time finding a job or a place to live. Don’t surrender your rights. Contact one of our experienced attorneys today to fight on your behalf.
If you or a loved one has been charged with Disorderly Conduct, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.
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