Public Disorderly Conduct and Public Intoxication charge(s): What are they and what can be done!
Public Disorderly Conduct and Public Intoxication charge(s): What are they and what can be done!
It will likely come as no surprise that one of the most common criminal charges we see from the Myrtle Beach and surrounding Grand Strand area is either a Disorderly Conduct or Public Intoxication charge. Tourist come to Myrtle Beach for a variety of reasons, but whether it be Spring Break, a Golf Trip, or family outing, alcohol and unfamiliar surroundings can lead to unwanted criminal charges.
To begin, you may wonder what is the difference between the two charges?
Different Laws and Procedure
Disorderly Conduct is charged under State of South Carolina Statute 16-17-5430 (See definition below) and alcohol or impairment is not a required element.
Public Intoxication is generally charged under town or city ordinances, such as Sec 14-66 in Myrtle Beach (See definition below) and alcohol or some impairment is an element.
Both charges are heard in our State’s lower courts, either in Magistrate or Municipal Court. These Courts generally hear matters carrying no more than 30 days in jail.
Unless a jury trial is scheduled both Disorderly Conduct and Public Intoxication charges will be set for a bench trial date.
Similar Punishment and Consequences
Both Disorderly Conduct and Public Intoxication are misdemeanor offenses carrying either a fine or up to 30 days in jail.
Both offenses if convicted will remain on your criminal record for a minimum of 3 years
Both offenses are eligible for expungement if other factors are met, such as no criminal convictions in the three years preceding the underlying conviction date.
What are my rights? The list is lengthy, here are just a few of your rights when criminally charged
You have the right to a Jury Trial. At trial the burden is on the charging agency to prove beyond a reasonable doubt that you are guilty of the charge of which you are accused.
You have the right to receive a copy of the discovery in your case, this means all known relevant materials that goes to either the guilt or innocence of the accused.
You might be surprised to know that often law enforcement officers and agencies do not properly preserve and provide the required to discovery, this can lead to grounds for a dismissal of the charge(s).
You have the right to hire legal counsel to appear on your behalf. Choosing the right legal counsel can make all the difference in the outcome of your case.
You have the right to remain silent and the right to face your accusers.
Now that you know the basics, how do I keep this charge from being entered on my criminal record?
Every case is different, but in my experience, there is often an avenue to resolve these charges without the need for a lasting conviction. Keep in mind there is no guarantee, each case is different and there are numerous factors that will affect each case differently.
This article is meant to be informative, to explain the charge and the court process. This article is not to be relied on what will happen as every case is different and a wide range of factors often determine the outcome in any criminal case. If you are seeking case specific advice please contact our office for a free case evaluation with one of our experienced criminal defense attorneys.
Please see the relevant statutes to this blog below for further information.
SECTION 16-17-530. Public disorderly conduct; conditional discharge for first-time offenders.
(A) A person who is: (1) found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducts himself in a disorderly or boisterous manner; (2) uses obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church; or (3) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharges any gun, pistol, or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days. However, conditional discharge may be granted by the court in accordance with the provisions of this section upon approval by the circuit solicitor.
(B) When a person who has not previously been convicted of an offense pursuant to this section or any similar offense under any state or federal statute relating to drunk or disorderly conduct pleads guilty to or is found guilty of a violation of this section, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that the person cooperate in a treatment and rehabilitation program of a state-supported facility, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal pursuant to this section is without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense pursuant to this section. Discharge and dismissal pursuant to this section may occur only once with respect to any person.
(C) Upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (B), the person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (B)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after a hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.
(D) Before a person may be discharged and the proceedings dismissed pursuant to this section, the person must pay a fee to the summary court of one hundred fifty dollars. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this subsection must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
Sec. 14-66. - Public intoxication or impairment.
It shall be unlawful for any person to be in an intoxicated or impaired condition in any public place in the city.
"Intoxicated or impaired condition" as used here shall mean a situation or circumstance evidencing material diminishment of one's cognitive, emotional, mental or physical faculties, or loss of control of such faculties due to the ingestion of alcohol or other substances, in such a manner as to threaten or impede the safety of that person or another person, or of the public, or to bring disorder to the public, or to menace the public tranquility, or to deter by the person's presence the public's reasonable enjoyment of a public place.
"Public place" as used in this section means any street, alley, park, sidewalk, public building and premises, any place of business during the time in which it is open to the public or frequented by the public or any portion thereof, and any other place or portion thereof that may be apprehended by the public through the senses of hearing and sight, or to which the public has access.
(Ord. No. 2004-37, 5-25-04)
Attorney Stephen Grooms is responsible for this content, he has worked in criminal law since being admitted to the South Carolina Bar in 2011. Grooms has been selected as a Super Lawyer’s “Rising Star” in the field of Criminal Defense for the State of South Carolina.