Can you be arrested for disorderly conduct? 5 Answers as of June 26, 2013

My two sons went out for dinner with friends. There was a fight next door. When they were leaving police pepper sprayed them. When they started complaining my oldest was arrested

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Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
Yes, disorderly conduct is defined under penal law 240.20 and is a violation, not a crime... However, a person can be arrested for disorderly conduct. In many instances having a good defense attorney makes all the difference in cases such as these.
Answer Applies to: New York
Replied: 7/11/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
It is a valid charge and your son needs representation.
Answer Applies to: New York
Replied: 6/26/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally you can be charged with disorderly conduct or any violation, misdemeanor, or felony if there is probable cause to arrest and to believe that the person committed the crime. Whether the charges can be proven in court is a different matter. He should hire an attorney.
Answer Applies to: New York
Replied: 7/5/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
You son has two potential problems. Disorderly conduct is a violation and not a crime. It is a petty offense. It is an offense against the "public order". He's probably not guilty. But, you'll need a lawyer. Depending on exactly what happened, he might also face obstruction of justice charges. That is way, way more serious. Did he interfere with the police officers doing their job? Did he disobey them? Just something to think about.
Answer Applies to: New York
Replied: 7/5/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
Your summary states that your sons were at a place with friends and there was a fight next door. The police pepper sprayed them and arrested them or gave them an appearance ticket for Disorderly Conduct, a vague and ambiguous violation which is not a crime but is a violation of the Penal Law. The police have to keep the peace and disperse crowds while protecting themselves and others. When they come onto a scene they will order people to leave or to obey their orders. If people argue or refuse they will be arrested and possibly sprayed. Your sons may have argued with the police or refused their orders and they were not wise to do so. The charges will be dismissed if they have a good attorney and they will not have a criminal record. Even a public defender can get the charges dismissed with an ACD and if they are not arrested again in the next 6 months they charges will be dismissed automatically.
Answer Applies to: New York
Replied: 7/5/2011
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