What will happen with a disorderly conduct charge in New York? 2 Answers as of February 13, 2011

Last night I drank a little to much and started throwing snowballs at cabs. I know its stupid. And I regret doing it. The police officer gave me a summons and I am being charged for disorderly conduct. This is my first time ever getting into any kind of trouble. I am a little worried. The date of my summons is 2 months away. What should I do and look forward to?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
Disorderly Conduct is a violation, not a crime. The DA will offer you an ACD, or Adjournment in Contemplation of Dismissal if you have a clean record. After six months the charge will automatically be dismissed and you will not have a record. The file will be sealed and no one except he police will be able to see that you were arrested. If you are indigent the judge will appoint a Legal Aid attorney to represent you for free and you will not have to pay a fine. the court may sentence you to a day or two of community service, but you cannot be sentenced to jail or to a fine or surcharge on an ACD. If you have a bad record you can plea guilty to the Disorderly Conduct and ask that the record be sealed. You will then pay a fine of up to $250 and could get up to 15 days in jail, but this is unlikely unless you caused an accident or injured someone with your actions.
Answer Applies to: New York
Replied: 2/13/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. However disorderly conduct is a " violation " not a crime. Only misdemeanors and felonies are crimes. so even if you plead guilty you will not have a criminal record. the penalty should be a small fine. However it is very possible if you hire an attorney to get an adjournment in contemplation of dismissal ( ACOD ) which means that the case is adjourned, usually for 6 months, and if you do not get in trouble again the case will be dismissed without you having to go to court on the adjourned date. You also may qualify for Youthful Offender treatment which means the record is sealed and the conviction may be expunged.
Answer Applies to: New York
Replied: 2/1/2011
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