Contesting a Disorderly Conduct Charge
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed February 2, 2026
Legal Inquiry
Consumer Legal Issue
I got a disorderly conduct that I do not believe is my fault and need advice.
I got a disorderly conduct charge and am confused about it.
Attorney Answer
Locate your actual citation or complaint right away — it will tell you whether you're charged under Montana's state disorderly conduct statute or a local ordinance, what your court date is, and any deadline to enter a plea or demand a jury trial.
No details about what happened during the incident or what evidence might support your side have been provided yet, so this answer can't weigh in on the facts of the incident itself — the immediate priority is procedural, and it applies regardless of those facts.
Under Montana Code Annotated § 45-8-101, disorderly conduct means knowingly disturbing the peace through acts such as quarreling, challenging to fight or fighting, making loud or unusual noise, or using threatening, profane, or abusive language. It is a misdemeanor, generally punishable by a fine of up to $100, up to 10 days in county jail, or both. If you were instead cited under a city or county ordinance, different penalties may apply — your paperwork will say which one you're facing.
What you can do:
1. Get a copy of your citation or complaint from the court clerk or the citing agency if you don't already have one.
2. Confirm the exact charge — the state statute (MCA § 45-8-101) or a local ordinance — since that affects the penalty and process.
3. Note the court appearance date and any listed deadline for entering a plea or requesting a jury trial.
4. Bring the citation to a local Montana criminal defense attorney so they can confirm the charge and every deadline.
⏱ Time limits apply. Missing a misdemeanor court date in Montana can result in a default conviction or a bench warrant, so confirm your court date and any plea or jury-trial deadline immediately — a local attorney can verify these from your citation.
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- File or look up a case through the Montana Judicial Branch, which serves the state.
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Frequently Asked Questions
What determines the penalty for a disorderly conduct charge?
Generally, whether the charge is filed under a state statute or a local ordinance affects the potential fine and jail exposure, so confirming which applies is an early step.
What should someone do first after receiving a disorderly conduct citation?
Generally, obtaining a copy of the citation and noting the court date and any plea or jury-trial deadline is the recommended first step.
Can evidence about what happened during the incident affect the outcome?
In many cases, witness statements, photos, or video of the incident can support a defense, and an attorney can evaluate how that evidence applies to the specific charge.