What can we do about our Disorderly Conduct charge? 3 Answers as of April 14, 2011

My boyfriend and I were sitting in his car, not parked illegally, next to a public park (not in the public park). It was about 11 pm and we were just sitting in the car talking. The next thing we knew, the police drove up next to us, pointed a flashlight into the car, stepped out of their car, and asked us for ID. We are both minors, in fact, I had no photo ID on me, so I told them who I was, my date of birth, and address. After waiting 10 minutes, the officers returned to our car and told us that we would have to go to court 2 months later. They did not explain the charges, but on the summons, it stated that we were charged with "disorderly conduct 240.20 (7)." We do not believe that we did anything wrong. We are thinking about a motion to dismiss, but we do not know how to go about doing this because the police did not specify their allegations. How do we go about finding out what we are charged with? How do we go about filing a motion to dismiss? (Is it viable in this case?) We are both very scared, as we both have never been in trouble before. Any help would be greatly appreciated. Thank you.

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Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
I could not possibly give you a primer on the NYS Penal Code and NYS Criminal Procedure Law and adequately instruct how to move the court to dismiss within the confines of this forum. What you are asking is akin to having a toothache and asking a dentist how to extract your own teeth. You need to retain counsel that practices criminal law in your area to best protect and represent your interests.
Answer Applies to: New York
Replied: 5/9/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If you were given a date to go to court on tat date you will be arraigned on the charge ( plead not guilty ) and you will be given a copy of the charges. You should hire an attorney to make a motion to dismiss . If you can not afford an attorney the court can appoint one for you free of charge.
Answer Applies to: New York
Replied: 4/14/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should retain an attorney or have Legal Aid handle the case if you cannot afford the retainer. If what you say is true, the police had no right to charge you with disorderly conduct unless you shouted at them.Your case will be dismissed by the DA in court if your version is correct since it appears that the police were just looking to make their quota of tickets that day or make some overtime with a court appearance.
Answer Applies to: New York
Replied: 4/13/2011
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