Getting your New York State Disorderly Conduct Case Dismissed
If you have been arrested for disorderly conduct in violation of New York Penal Law § 240.20, you will want to have it dismissed. Our New York disorderly conduct criminal defense lawyers and attorneys can work towards getting the charge of disorderly conduct charge dismissed. If you are found guilty in NY of Penal L. § 240.20 this will cause you to have a permanent record. Our disorderly conduct defense lawyers are the best NY criminal defense lawyers to get your charge of disorderly conduct under NY PL § 240.20 dismissedHow we get your NY disorderly conduct case dismissed
Many of our clients get their disorderly conduct cases dismissed by negotiating what is called an “adjudication in contemplation of dismissal, or an “ACD.” While and ACD does not result in an immediate dismissal, once an ACD is agreed upon in a NY court the disorderly conduct charge will get dismissed by operation of law in 6 months.
The legal authority for an ACD resides in NYS Criminal Procedure Law CPL § 170.55:
An [ACD} is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice…the court must release the defendant on his own recognizance…If the case is not so restored within such six months…the accusatory instrument is…deemed to have been dismissed by the court in furtherance of justice…In conjunction with an [ACD] the court may issue a temporary order of protection…requiring the defendant to observe certain specified conditions of conduct. The court may grant an [ACD] on condition that the defendant participate in dispute resolution and comply with any award or settlement…The court may as a condition of an [ACD] order, require the defendant to perform services for a public or not-for-profit corporation, association, institution or agency.
An ACD is a great way to dispose of a disorderly conduct case because all that is required is to avoid getting arrested for six months and, at the end of the 6 month period, the case is automatically and totally dismissed and sealed. Most people charged with disorderly conduct are worried about the charge becoming a permanent public record. With an ACD the case gets totally dismissed so there is no record whatsoever.Elements required to prove a Disorderly Conduct
The New York PL 240.20 Disorderly Conduct Statute states that a violation of New York Penal Law 240.20 occurs when a person:
- Fights or otherwise engages in violent, tumultuous or threatening behavior, or
- Makes unreasonable noise
- Uses obscene language or makes an obscene gesture in public
- Disturbs a lawful assembly
- Obstructs vehicular or pedestrian traffic
- Refuses a lawful order to disburse from a public place
- Creates a hazardous or offensive condition
- Disorderly conduct is a charge to which many misdemeanor and even felony charges are eventually reduced.
- When a client is charged with a criminal offense lawyers will seek a disorderly conduct (NY Penal Law § 240.20) as a compromise between the misdemeanor and the outright dismissal and/or the ACD.
- Prosecutors frequently offer a disorderly conduct it instead of the criminal misdemeanor when a defendant has a minimal or no prior record.
- Offering disorderly conduct allows prosecutors to dispose of a case short of offering a dismissal
Just because Disorderly Conduct is an infraction and not a crime, someone charged should not automatically enter a plea to it to get it over with. A disorderly conduct is not a traffic ticket. Pleading guilty to anything under the Penal Law should never be made lightly. There may be hidden collateral consequences. However, sometimes it is a smart play to take a disorderly conduct plea and conviction. Such as when it is a plea bargain offer and the state has a great case on the misdemeanor.
However, when the top charge is the disorderly conduct and the prosecution does not agree to dismiss or offer and ACD, you have nothing to lose and everything to gain by taking the case to trial. Often our office gets a disorderly conduct case dismissed via a motion to dismiss.
If you have been charged with disorderly conduct we know that you are likely concerned about the charges and probably have more questions and concerns. If this is the case please pick up the phone right now and give us a call. We talk to people like you every day. We’d love to chat with you and answer any remaining questions you may have.