Disorderly Conduct summons. Please help!

[JayyT]

What is the name of your state (only U.S. law)? NY

I was in the park with my gf the other day. We were kissing and messing around a bit before a car rolled up and two officers confronted us asking for info. After about 5 minutes of trying to calm down my gf, the officers decided to give us a summons for Disorderly Conduct - 240.20.7 - but reminded us that we could have been cuffed and sent to jail for lewdness. He let us off with just a pink summons and a Disorderly Conduct violation.

I have been given summons before years ago before I was even 16 years old, my memory of how the thing proceeds is a bit off. And they were only minor offenses like sitting in a park at a "wrong time" and hopping the rear end of a bus to get home from school. Both offenses were dismissed. My gf has never received a summons before.

Is there a big risk in pleading not guilty and seeing if the judge lets me off on this one?

I'm willing to just cut my losses, plead guilty, and pay a fine if there's no other risk. But is it possible to be more than fined, including jail time or a criminal record if I plead guilty?

Also, my summons doesn't have a whole lot of explicit detail. Only the time and location of the offense, violation number, "Discon" under the description, and some signatures and names of the "complainant" which I assume was just the officers themselves. Is it possible that the court will have access to any explicit details that can be used against us if I try to plead not guilty?

Please help, my gf studies forensic science and is really trying to avoid a criminal record in order to pursue her career. I keep trying to comfort and assure her that it's just a violation and we'll resolve it no problem, but I just need some peace of mind that this won't be anything serious and maybe we'll be let out with a fine at worst.

Thank you.

 

[You Are Guilty]

§ 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:
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.
[highlight] Disorderly conduct is a violation.[/highlight]

As you suspected, it is "just" a violation - no worse than a parking ticket. However, unless you failed to leave when the officers told you to (or the park was closed when you decided to play tonsil hockey with the GF), I don't think you're actually guilty here.

Either way, good luck.

 

[JayyT]

As you suspected, it is "just" a violation - no worse than a parking ticket. However, unless you failed to leave when the officers told you to (or the park was closed when you decided to play tonsil hockey with the GF), I don't think you're actually guilty here.

Either way, good luck.

Yeah, I just don't know what to expect.

The problem was that we went to a spot that was completely away from people thinking we were alone (It's a VERY large park)...you kinda get the picture. this undercover cop car was kinda following us and just pulled up. Now, we weren't all out and exposed or nothin, but I don't know what they saw or what could be against us.

I was respectful, and didn't even ask questions, just said thank you and we left. I really learned my lesson that a park is no place for even a little intimacy. I'm actually very thankful for the officer's kindness And if I can just pay a small fine and put this behind me with a lesson learned, I'd be happy.

Do you think there's anything I should be worried about? Will those prior summons from years ago be a factor? Whats the likely fine/penalty if I plead guilty?

Thanks, again just need a peace of mind on this situation.

 

[HighwayMan]

Where and what time of the day did this occur? NYC? Which borough? Each criminal court is different.

Were there other people around? From what you've said it doesn't sound like you intentionally caused public inconvenience, annoyance, or alarm.

Answer the above and I can give you more info.

 

[justalayman]

As you suspected, it is "just" a violation - no worse than a parking ticket. However, unless you failed to leave when the officers told you to (or the park was closed when you decided to play tonsil hockey with the GF), I don't think you're actually guilty here.

Either way, good luck.

I don;'t know YAG. OP did state the officer warned him that he could have been cited for lewd conduct. I'm thinking #2 might be applicable. and maybe #3 and I can think of a few things that might make #7 applicable.

 

[HighwayMan]

Unfortunately, Disorderly Conduct is overused and often used inappropriately. If there was no one around in the area, then that would NOT be an appropriate charge. If it was NYC, a violation of the Parks Rules and Regs would be a more appropriate charge.

I can say more once the OP answers my questions.

 

[You Are Guilty]

Well, that's just it. If the park was closed, there is a more appropriate cite for that. But from the OP's most recent response about not knowing what the officer saw, I'm starting to suspect there may have been some support for sub 3 or sub 7

In any event, I think the fine is around $100 for all the boroughs these days. Probably also have to pay the $55 surcharge on top of that though.

 

[JayyT]

Where and what time of the day did this occur? NYC? Which borough? Each criminal court is different.

Were there other people around? From what you've said it doesn't sound like you intentionally caused public inconvenience, annoyance, or alarm.

Answer the above and I can give you more info.

It was about 4:00pm, park wasn't closed. NYC, Bronx.

We walked off to an area where we intended to be alone and unseen, but were unknowingly followed by officers. I need to make it clear that we were getting a lil *ahem* intimate, though we didn't intend to disturb anyone, and were alone. As I said, the officer let us know we could have been cuffed and charged with lewdness, but let us off with the Disoderly Conduct summons instead.

That's why I'm not so sure about even trying to fight this. I don't know what can be against us if we try to be plead not guilty to something we know we did and could have been much more serious. If I can just show up, plead guilty to the violation, receive a fine, pay up, and walk away from this whole thing with a lesson learned I'd be happy. I'm really trying to avoid a criminal record, or jail.

I don;'t know YAG. OP did state the officer warned him that he could have been cited for lewd conduct. I'm thinking #2 might be applicable. and maybe #3 and I can think of a few things that might make #7 applicable.

The summons specifically states subsection 7 of 240.20 only. I hope there isn't something presented that can get us into real trouble when I show up to court. I just want to accept the violation and pay the fine. That's all.

Well, that's just it. If the park was closed, there is a more appropriate cite for that. But from the OP's most recent response about not knowing what the officer saw, I'm starting to suspect there may have been some support for sub 3 or sub 7

In any event, I think the fine is around $100 for all the boroughs these days. Probably also have to pay the $55 surcharge on top of that though.

If $155 fine is the worst we can get, than that gives me a lil more peace of mind about this situation.

I really am trying to just get through this violation without anything more serious like a criminal record or jail time. I'm willing to just plea guilty and pay my dues.

What can I expect? Am I alright in assuming just a fine will be the case?

 

[HighwayMan]

I really am trying to just get through this violation without anything more serious like a criminal record or jail time. I'm willing to just plea guilty and pay my dues.

The Bronx is the one court where the cops rarely appear in the summons part. I have written hundreds (probably 500-600) of criminal summonses in the Bronx and only went to court one time - and that was a truck violation.

Anyway, you have a ZERO chance of jail time. This is, however, a criminal violation (Penal Law). What you can do when you appear (assuming you are not represented) is respectfully ask the judge if he would permit you to plead guilty to a non-criminal Administrative Code violation or maybe a Parks Department regulation violation.

When you appear don't dress like a mope and be mindful of the fact that there is a fairly large caseload in the court and the judge might be impatient. Be very respectful and the judge may appreciate what you asking for as being a quick disposition and give it to you.

Don't worry so much about protocol, these courts tend to be relatively informal.

Please post the results after your appearance. It will help out myself and others.

If you have any other questions just ask.

 

[HighwayMan]

I'm starting to suspect there may have been some support for sub 3 or sub 7

Yes, but again if there was no one around it's hard to articulate discon. But that would be for an attorney to deal with...

Joe Blow citizen would be better off just pleading guilty to something non-criminal instead of annoying the JHO.

 

[HighwayMan]

Speaking of JHO's...

When you appear in the Summons Part of the Bronx Criminal Court you will probably be asked to sign a form permitting your case to be heard by a Judicial Hearing Officer, which is basically a type of judge. JHO's have no jurisdiction over misdemeanors and felonies, but for all intents and purposes are just like regular criminal court judges. This is standard procedure and something you don't need to be concerned with - just sign the form and move on with the process.

 

[xylene]

Is there some reason why you are afraid to plead not guilty?

Things don't 'go easy on you' for pleading guilty.

And they don't go hard for pleading not guilty.

Your girlfriend is studying to be a a forensic criminologist and she can't instantly gather her faculties (let alone 5 minutes) to be lucid in the face of an officers questioning under stress? She should consider another career.

 

[JayyT]

Speaking of JHO's...

When you appear in the Summons Part of the Bronx Criminal Court you will probably be asked to sign a form permitting your case to be heard by a Judicial Hearing Officer, which is basically a type of judge. JHO's have no jurisdiction over misdemeanors and felonies, but for all intents and purposes are just like regular criminal court judges. This is standard procedure and something you don't need to be concerned with - just sign the form and move on with the process.

Okay thank you. And what can I expect when we step into the courtroom? What's the procedure?

Is there some reason why you are afraid to plead not guilty?

Things don't 'go easy on you' for pleading guilty.

And they don't go hard for pleading not guilty.

Your girlfriend is studying to be a a forensic criminologist and she can't instantly gather her faculties (let alone 5 minutes) to be lucid in the face of an officers questioning under stress? She should consider another career.

As I said before, we were actually caught by the police doing something a little more serious and would've otherwise been cuffed and sent to jail. The officer was kind enough to let us go with a Disorderly Conduct summons.

I'm afraid to plead not guilty, because I don't think I have a very good case. We know what we did, the officers know what we did, and I'm afraid if I try to fight this and drag it out, it'll result in far more severe penalties. Wouldn't they re-examine the case and bring in the officers that gave us the violation in the first place?

I'm hoping that if I plea guilty to the summons, I will be given a fine and that's it. Am I wrong in assuming so?

 

[You Are Guilty]

Yes, but again if there was no one around it's hard to articulate discon. But that would be for an attorney to deal with...

Sub 7 doesn't require people to actually be around (ignoring that the officer was present). Merely the "reckless" creation of the risk someone might see - which, if my in-between-the-lines reading is correct, the under-the-clothes hanky panky the OP and GF were up to would almost certainly meet. (Say if your kid randomly saw a dude on a park bench at 4pm getting some manual release, you wouldn't think a DisCon was in order?)

Joe Blow citizen would be better off just pleading guilty to something non-criminal instead of annoying the JHO.

Depending on how busy the court is and who you get, you might even be able to snag an ACD (you have to ask for it though). But failing that, offering to plea to a "lesser" (non Penal law violation) would also be my recommendation. Frankly, for something like this, the court will probably care more about the fine than the reason for imposing it. And unless you and the GF recreate your park escapades in the courtroom, there is about as much chance of you getting jail time as there is of you growing wings tomorrow.

Good luck.

 

[JayyT]

The Bronx is the one court where the cops rarely appear in the summons part. I have written hundreds (probably 500-600) of criminal summonses in the Bronx and only went to court one time - and that was a truck violation.

Anyway, you have a ZERO chance of jail time. This is, however, a criminal violation (Penal Law). What you can do when you appear (assuming you are not represented) is respectfully ask the judge if he would permit you to plead guilty to a non-criminal Administrative Code violation or maybe a Parks Department regulation violation.

When you appear don't dress like a mope and be mindful of the fact that there is a fairly large caseload in the court and the judge might be impatient. Be very respectful and the judge may appreciate what you asking for as being a quick disposition and give it to you.

Don't worry so much about protocol, these courts tend to be relatively informal.

Please post the results after your appearance. It will help out myself and others.

If you have any other questions just ask.

Don't know how I missed this post. Okay, no chance at jail, that's great. Any chance of a criminal record though? Also will my past dismissed summons from before I was even 17 be a factor?

Really, my biggest concern is that in any case, I'll only be fined at worst. Again, my GF is studying in the justice field and I would really like to assure this is no worse than a traffic ticket, and will be a fine at worst, and wont affect her career choice.