Can you request an evaluation because of disorderly conduct? 1 Answers as of February 06, 2012My friend was recently arrested for disorderly conduct and contempt because she was rude to the judge. For the past few weeks her friends and family have noticed that she was acting crazy and I just found out that the medicine she was prescribed recently has a side affect or behavior changes and swings. I was wandering if she had the right to ask for an evaluation and if it shows that the medicine caused her to act out would the court be forced to review her sentence? She has only been arrested one other time for public intoxication a couple years back so it’s not like she has a big record.
Burdon and Merlitti | Adam Van Ho
In Ohio, it would depend how she was charged with Disorderly Conduct. If it was charged as a minor misdemeanor, other than a fine, there is little that a judge can do to help with any long-term problems. If it was charged as a fourth-degree misdemeanor, then the court could ask that she undergo a chemical or mental health evaluation. However, due to the relatively minor nature of a Disorderly Conduct charge, unless the judge is otherwise notified of the potential of a problem, then he/she will most likely not require an evaluation to be done.
Answer Applies to: Ohio