Disorderly Conduct Citation Dismissed by Oxford District Court Judge: The Importance of the "Cooling Off Period" or the "60-90 Day Continuance" in Pennsylvania Preliminary Hearings and Summary District Court Hearings Involving Fights, Assaults, Harassment
Last week, I had a Disorderly conduct citation dismissed by Judge Farmer in Oxford District Court in Chester County. I wanted to write about the strategy used to get this citation thrown out. This same strategy can be applied to Pennsylvania Simple Assault cases at preliminary hearings. The facts are as follows*: my client, a prevalent executive at a marketing firm, was cited for Disorderly conduct stemming from an incident that occurred while he was picking up his daughter from her boyfriend's house. The short version of the story is that the boyfriend's father was drunk and shouting obscenities at my client's wife who was sitting in the car. My client approached the boyfriend's father, pushed the father, the two shouted obscenities back-and-forth and eventually got the boyfriend's father in a choke hold before being jumped by other members of the family. The boyfriend's father and my client were cited for disorderly conduct. I was prepared to take this case to trial based on the premise that my client was defending his wife. Just as you are allowed to defend yourself in a self-defense case, you are allowed to use the same force to defend 3rd parties from harm. My client stated that the boyfriend's father was pointing at his wife and "going after her." His daughter and her boyfriend told police that this was not true. The attorney representing the boyfriend's father approached me in the hallway and we decided to request a cooling off period to have the charges dismissed. I spoke to the Pennsylvania State Police Trooper and he was alright with this disposition to the case. My client was obviously happy that the charge would be dismissed. Rather than going through a trial, my client agreed to this disposition.