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Q: summons for disorderly conduct (NYC) - how to plead? ( No Answer,   1 Comment )
Question  
Subject: summons for disorderly conduct (NYC) - how to plead?
Category: Reference, Education and News > General Reference
Asked by: bluegreyeyes-ga
List Price: $10.00
Posted: 18 Nov 2005 12:42 PST
Expires: 18 Dec 2005 12:42 PST
Question ID: 594845
Here's the situation: 
My friend and I recieved disorderly conduct summons a few weeks ago,
we are set to appear in a month at the New York County Criminal Court.
The officer described the offense as "discon - fighting in public" and
listed violation - section 240, sub 201 (its hard to read..)
We were drunk and arguing outside a bar on Bleeker Street, we're both
22 year old girls, so it was not any sort of bar brawl.. just a verbal
argument, no cussing or expletives either.
My questions are as follows:
The nicer of the 2 cops told us that we'd just have to go to court and
explain to the judge that we were just arguing and that charges would all
be dropped.
I just wanted to know: 
1. should we plead guilty or not guilty?
2. do we need to hire an attorney or just use an available DA?
3. if we plead guilty / found guilty - what are the average fines?
4. is this serious enough to make a difference on my law school apps?
5. do we need to bring any witnesses to confirm that it was not a
"fight" persay but rather, an argument?
Thanks again!
Answer  
There is no answer at this time.

Comments  
Subject: Re: summons for disorderly conduct (NYC) - how to plead?
From: tutuzdad-ga on 18 Nov 2005 12:55 PST
 
Legal advice is not something we can offer here. If you are looking
for personal opinion, I'd say plead not guilty. Why? Because Section
240.20 of New York Penal Code says:

A person is guilty of disorderly conduct when, WITH INTENT TO CAUSE
public inconvenience, annoyance or alarm, or recklessly creating a
risk thereof:

 1. He engages in fighting or in violent, tumultuous or threatening behavior;  or 

 2. He makes unreasonable noise;  or 

 3. In a public place, he uses abusive or obscene language, or makes
an obscene gesture;  or

 4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons;  or

 5. He obstructs vehicular or pedestrian traffic;  or 

 6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse;  or

 7. He creates a hazardous or physically offensive condition by any
act which serves no legitimate purpose.

http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(b).htm


Cleary (as you described it) there was no intent to cause public
inconvenience, annoyance or alarm, nor was there reckless a risk
thereof. Therefore, according to the statute itself, you are not
guilty of the crime you have been charged with.

If this answers your question I'd be happy to post it as an answer.

tutuzdad-ga

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