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Confused about Disorderly Conduct NYC

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coryt5000

Junior Member
What is the name of your state?
New York

My friend and I were smoking marrijunana in Manhattan two weeks ago. Undercover officers saw us and came over to us. They made me empty the One gram of weed that I had on the ground.
They said they were going to be nice and give us citations for disorderly conduct rather than possecion. I have a court date in Januaray.
My questions are, 1. Is this going to be a civil court or criminal court that I go to? 2. Will the judge know about the marijunana involved? 3. I have no prior record, If I pled guilty what happens, is it going to mean I have a misdomenor charge on my record, or will I just have to pay a fine? 4. Should I get a lawyer or deal with the Public Defender?
 


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seniorjudge

Senior Member
1. Is this going to be a civil court or criminal court that I go to?

A: Give us the ordinance number under which you were charged. I guess that it is probably just a city ordinance (which is quasi-civil) and not really a criminal charge.


2. Will the judge know about the marijunana involved?

A: Yes. (That's just a guess; what is happening to you probably happens several thousands of times a year and the judge is not fooled.)


3. I have no prior record, If I pled guilty what happens, is it going to mean I have a misdomenor charge on my record, or will I just have to pay a fine?

A: Again, until you give us an actual ordinance number, I will guess and just say it will be a fine.


4. Should I get a lawyer or deal with the Public Defender?

A: The public defender is a lawyer.
 
C

coryt5000

Junior Member
seniorjudge said:
1. Is this going to be a civil court or criminal court that I go to?

A: Give us the ordinance number under which you were charged. I guess that it is probably just a city ordinance (which is quasi-civil) and not really a criminal charge.


2. Will the judge know about the marijunana involved?

A: Yes. (That's just a guess; what is happening to you probably happens several thousands of times a year and the judge is not fooled.)


3. I have no prior record, If I pled guilty what happens, is it going to mean I have a misdomenor charge on my record, or will I just have to pay a fine?

A: Again, until you give us an actual ordinance number, I will guess and just say it will be a fine.


4. Should I get a lawyer or deal with the Public Defender?

A: The public defender is a lawyer.
Click to expand...
The ordinance number is 24 a. On the ticket it says in violation of 24 a I realize a public defender is a lawyer, but would you recomend getting a private defense lawyer?
 
S

seniorjudge

Senior Member
coryt5000 said:
The ordinance number is 24 a. On the ticket it says in violation of 24 a I realize a public defender is a lawyer, but would you recomend getting a private defense lawyer?
Click to expand...
I can't find the exact ordinance.

In any event, if you want a lawyer of your own choosing, then by all means get one.

I doubt the court will let you have a public defender because (I am guessing again) the possibility of jail time is not hanging over your head.
 
Y

You Are Guilty

Senior Member
There is no statute, law or ordinance in NYC called "24a". Either you're reading the form number of the ticket, it's been filled out incorrectly, or you didn't include the full cite.

We can try it this way - what courthouse does it say you have to report to for your court date? 111 Centre Street?

Anyway, here is the penal statute:
§ 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]
Click to expand...
Note the red section. That means a conviction is akin to a parking ticket. That's the good news. The bad news is that because it's practically meaningless, there's not much chance you can swing an ACD out of the ADA. (Then again, it never hurts to ask.)
 
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C

coryt5000

Junior Member
You Are Guilty said:
There is no statute, law or ordinance in NYC called "24a". Either you're reading the form number of the ticket, it's been filled out incorrectly, or you didn't include the full cite.

We can try it this way - what courthouse does it say you have to report to for your court date? 111 Centre Street?
Click to expand...
the court house it says to go to is located at 346 Broadway. Thanks for getting me that list of what disorderly conduct is, but is it considered a misdomenor?
 
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Y

You Are Guilty

Senior Member
coryt5000 said:
the court house it says to go to is located at 346 Broadway.
Click to expand...
OK, that's a real criminal courthouse. It's primarily all the disorderly conduct, littering, jaywalking, open container, (i.e. minor) cases. You can call them at (646) 386-4500 if you want, but don't expect to get much out of them on the phone.

Definately request an ACD, rather than pleading guilty though. A "violation" is even lower than a misdemeanor. While you can still techincally get jail time under a violation (up to 15 days), it's extremely, extremely rare, especially for first time offenders. It is no worse (or better) than a parking ticket.
 
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