Case Dismissed: Not Guilty Verdict in Disorderly Conduct Trial

Client was charged with a count of Disorderly Conduct arising out of his arrest at an outdoor cookout. Eventually client is offered a Creating a Public Disturbance infraction which would have resulted in no criminal conviction and a nomina fine. Offer rejected and we proceed to trial. Right before the start of jury selection the State amends the charges to add a count of interfering with a police officer (resisting arrest). The conduct occurred one year and a few days before the new charge was filed and when presented it in open court we objected which was denied under the now overruled precedent which allowed charges to be added to a long form provided the facts supporting them were in the arrest warrant affidavit. We then filed a motion citing the recent _State v. Orane C_. decision (SC 20843) which limits the old practice by holding that new charges added to a long form information do not survive the statute of limitations if they allege violations of a different statute, contain different elements, relies on different elements OR exposes the defendant to a greater sentence. The state then proceeded to trial on the remaining and original Disorderly Conduct count and the Court entered a directed verdict in favor of the defendant.

Case Info

Court: Superior Court of Connecticut

Plaintiff: State

Defendant: Anselmo M.

Charges: Disorderly Conduct

Result: Not Guilty