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Capable Lawyer Defending Against Disorderly Conduct Charges
Today, it is fairly common for a New York police officer to issue a summons or a desk appearance ticket for disorderly conduct. In fact, the police are authorized to arrest and detain you for arraignment in court for any number of minor infractions.
An arraignment in Queens Criminal Court on a new arrest can take up to 24 hours before you see a criminal court judge to decide if you will be released on your own recognizance or if bail will be set. Bail is almost never set on such a charge, and the person charged is almost always released on his or her own recognizance. If you have no prior criminal history, and you have valid identification, it is quite likely you will receive a summons or a desk appearance ticket to appear in court on your own.
Because the consequences are severe, contact an experienced attorney at your earliest convenience. I am criminal defense attorney Luke Scardigno, and I will fight for you.
What Is Disorderly Conduct?
First off, it is only a violation and not a crime under the New York State Penal Code. In New York state, there are two types of crimes: felonies and misdemeanors. A disorderly conduct charge is neither. It is a violation. However, do not treat such a ticket lightly. Even though it is not a crime, if convicted of a disorderly conduct charge, it will stay on your local NYC record if a local employment search is conducted on your name. Although a conviction for a disorderly conduct charge will be sealed on the NYS records, it is easily researchable by employers.
Disorderly conduct under the New York Penal Law is defined as follows:
Section 240.20 Disorderly Conduct
A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
- He engages in fighting or in violent, tumultuous or threatening behavior.
- He makes unreasonable noise.
- In a public place, he uses abusive or obscene language, or makes an obscene gesture.
- Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
- He obstructs vehicular or pedestrian traffic.
- He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse.
- He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
Disorderly Conduct Is A Violation That Has Consequences
Many times the police will issue a person a summons or desk appearance ticket for disorderly conduct even though that person’s conduct does not rise to the level of any of the sections in the statute. A good criminal lawyer can make the appropriate motions to convince the judge in criminal court that the charge is not sustainable, and insufficient, and must be dismissed.
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