Criminal Defense

Arrested on The Strand During Oktoberfest or a Fall Festival? Your Rights After a Disorderly Conduct Charge

Posted on by Tom Storm
Galveston is a lively place, especially during special events like Oktoberfest or the fall festival. With crowds of people, music, food, and festivities, emotions can run high, and unfortunately, that can lead to some individuals being arrested. If you find yourself in such a situation, it is essential to know your rights and how to protect yourself. Disorderly conduct charges are not uncommon during these events, and understanding the legal process can make all the difference in how your case is handled.

Awards & Media Appearances

What Is Disorderly ConductPolice officer calmly detaining a man at a crowded fall festival on Galveston’s Strand, with lights and autumn decor in the background

Disorderly conduct is a legal term that covers a range of actions deemed disruptive to public peace and order. While each state has its own laws governing disorderly conduct, in Texas, it refers to behavior that is considered offensive, threatening, or obstructive in a public space. When you are arrested for disorderly conduct, you might be accused of engaging in actions that disturb the peace of those around you. During a busy event like Oktoberfest or a fall festival, people may end up in situations where they are accused of creating a disturbance, even if they didn’t intend to. Typical behavior that can lead to disorderly conduct charges includes fighting or threatening to fight, making unreasonable noise, using offensive language, blocking pedestrian or vehicle traffic, or engaging in offensive behavior that disrupts public peace. In a crowded environment like The Strand during Oktoberfest, such actions can quickly escalate, leading to an arrest.

Your Rights After an Arrest

If you are arrested during a public event, it’s crucial to remember that you have rights under the U.S. Constitution and Texas law. Even though the situation might feel overwhelming, understanding and asserting your rights can be pivotal in ensuring a fair process. Here are the key rights you should know:

Right to Remain Silent

Once you are arrested, you have the right to remain silent. This means you do not have to speak to law enforcement officers beyond providing basic identification information. Anything you say can be used against you in court, so it’s wise to exercise your right to remain silent until you have a lawyer present. Many people unknowingly make statements during their arrest that are later used against them, so staying silent is often the best course of action.

The Zendeh Del & Associates, PLLC Team

Jonathan Zendeh Del

Trial Attorney

Gabe Perez

Trial Attorney

Carolyn Zendeh Del

Certified Mediator, Attorney

Chase Waterwall

Trial Attorney

Dorothy Porretto

Office Manager, Paralegal

Pedro Ruiz

Judge

Legal Assistant Zaira Banda

Zaira Banda

Legal Assistant

Legal Assistant Colleen Herndon

Colleen Herndon

Legal Assistant

Right to an Attorney

Another critical right is the right to legal representation. After being arrested, you have the right to speak to an attorney before answering any questions or making any statements. In Galveston, a qualified criminal defense attorney can help you understand the charges, the legal process, and what steps to take next. Your attorney can work with you to challenge the disorderly conduct charge and explore all possible defenses.

Right to Avoid Unreasonable Search and Seizure

The Fourth Amendment protects individuals from unreasonable searches and seizures. Police must have probable cause to arrest you, and they cannot search you or your property without your consent or a valid warrant. If you feel that your rights were violated during your arrest, you may have grounds for a defense in court.

Right to Fair Treatment

Law enforcement officers must treat you fairly during an arrest. They cannot use excessive force unless absolutely necessary. If you feel that you were treated unfairly or subjected to excessive force during the arrest, it’s important to document everything that happened. You can discuss these concerns with your attorney, who can investigate whether your rights were violated during the process.

Possible Defenses to Disorderly Conduct Charges

Being arrested for disorderly conduct does not automatically mean that you will be convicted. An experienced attorney will evaluate the details of your case and look for defenses that can reduce or dismiss the charges against you. Some common defenses in disorderly conduct cases include:

Lack of Evidence

One of the strongest defenses to disorderly conduct charges is a lack of evidence. To convict someone of disorderly conduct, there must be solid evidence showing that the individual engaged in behavior that violated public peace. If the evidence is weak or if there were no witnesses to the alleged disturbance, your attorney may be able to have the charges dropped or reduced.

Case Results

$11,820,000

WARN ACT
SETTLEMENT

Reached a settlement of $11,820,000

$11,820,000

WARN ACT CASE
SETTLEMENT

Employees fired when not given proper notice

Not Guilty

DRUG JURY TRIAL

Client was a dentist caught with 12 grams of methamphetamine. 

Case Dismissed

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party.

$2,500,000

CAR ACCIDENT

Confidential settlement of $2,500,000

$4,500,000

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party

Not Guilty

DWI JURY TRIAL

Client was asleep on the side of the road with the car on. Breath was .248

Case Dismissed

STATE OF TEXAS v. C.S.

Wrecked motorcycle while leaving the beach, an officer witnessed the accident and assumed he was intoxicated

Freedom of Expression

In some cases, an individual may be charged with disorderly conduct for expressing their opinion in a manner that law enforcement deemed offensive. However, the First Amendment protects free speech, and if your actions were a form of expression, your lawyer can argue that the charge infringes upon your constitutional rights. For instance, if you were arrested for making a public protest or engaging in political speech, your attorney may argue that your conduct was protected under freedom of speech.

False Allegations

In some cases, disorderly conduct charges may be the result of false allegations. During large public events like Oktoberfest, misunderstandings and tensions can lead to accusations that aren’t based on the truth. Your attorney will investigate the circumstances surrounding your arrest and look for evidence that supports your version of events. If they uncover false allegations, they may be able to have the charges dismissed or reduced.

What to Do Next

If you have been arrested for disorderly conduct in Galveston, the next steps you take are crucial in determining the outcome of your case. Here’s what you should do next:

Do Not Talk to Police Without an Attorney

Once arrested, you should not answer any questions from the police without your lawyer present. While the police may try to get you to talk, remember that anything you say can be used against you in court. It’s important to exercise your right to remain silent until you have legal representation.

Contact a Local Attorney

As soon as possible, contact an attorney who is experienced in handling criminal defense cases in Galveston. An attorney who is familiar with the local laws and courts will be able to give you the best chance of a favorable outcome. Your attorney will guide you through the legal process and help you understand what to expect at each stage.

Prepare for Your Court Date

Once you’ve contacted an attorney, they will help you prepare for your court appearance. This may involve gathering evidence, interviewing witnesses, and building a defense strategy. It’s important that you attend all required hearings and follow your attorney’s guidance. A failure to attend your court hearings can result in additional legal consequences, so it’s essential to be diligent and committed to your defense.

Zendeh Del & Associates, PLLC: Here to Protect Your Rights

At Zendeh Del & Associates, PLLC, we understand how stressful it can be to face criminal charges during a public event like Oktoberfest or a fall festival. Our team is dedicated to defending the rights of individuals charged with disorderly conduct in Galveston. With years of experience in criminal defense, we know how to challenge charges, negotiate plea deals, and, when necessary, fight for you in court. If you’ve been arrested for disorderly conduct, don’t hesitate to reach out to our office for a free consultation. We’re here to help you protect your rights and move forward with your life.

To learn more about this subject click here: Charged with Disorderly Conduct in Texas? Here’s Your Defense