| Ithaca, NY is a collegetown located almost four hours | | | | Disorderly conduct covers a wide range of unlawful |
| from New York City. Sometimes student behavior | | | | conduct, behavior, and activities. |
| results in criminal charges. Some might call it hijinks | | | | Disorderly Conduct, Under Penal Law 240.20, has |
| (merrymaking), or shenanigans (according to | | | | many subdivisions. According to the Penal Law, a |
| Wikipeida: Shenanigans are trickery, mischief, or | | | | person is guilty of this violation when, "with intent to |
| underhanded actions), or as I call it "what were they | | | | cause public inconvenience, annoyance or alarm, or |
| thinking?" What often seems like a good idea at | | | | recklessly creating a risk thereof," a person does one |
| 3:00AM makes no sense in the light of morning. | | | | of the following: |
| Yeah Ithaca College and Cornell University students | | | | (1) Engages in fighting or in violent, tumultuous or |
| sometimes unwind from the stress of studies in | | | | threatening behavior; |
| interesting ways. In my youth, I was a fraternity | | | | (2) Makes unreasonable noise; |
| member. So when things happen, as they often do, | | | | (3) Uses obscene or abusive language or obscene |
| at the wee hours of morning, when brain cells are | | | | gestures in a public place; |
| not fully engaged students wake up with various | | | | (4) Disturbs a lawful assembly or meeting of persons |
| criminal charges. | | | | without any lawful authority; |
| These students are usually facing misdemeanor | | | | (5) Obstructs vehicular or pedestrian traffic; |
| charges. A criminal conviction would stay on their | | | | (6) Congregates with others in a public place and |
| permanent record forever. New York State | | | | refuses to comply with police requests; |
| unfortunately does not have an expungement | | | | (7) Creates a hazardous condition or physically |
| statute. Many of these first time offenders just | | | | offensive condition by any act which serves no |
| made a bad decision and/or judgement call. | | | | legitimate purpose. |
| Depending upon the facts and circumstances of the | | | | What are the advantages to a plea to Disorderly |
| incident, for first timers (to the Court system) these | | | | Conduct (a violation) versus a plea to a Criminal |
| types of charges can usually be negotiated to a | | | | Misdemeanor? |
| non-criminal disposition or a dismissal. | | | | 1. A Violation is not considered a criminal disposition or |
| There are a few different options for negotiating and | | | | conviction. It is a non-criminal disposition. |
| thus mitigating the misdemeanor to something less | | | | 2. A person who is convicted, by plea or trial, of a |
| harmful. Barring prior client criminal history or other | | | | violation is entitled to have the record sealed. |
| extenuating circumstances of the crime charged the | | | | 3. A person who is convicted, by plea or trial, of a |
| Court and the Prosecutor will usually seek an amicable | | | | violation is entitled to have their fingerprints and any |
| resolution option. | | | | photographs (mug shots) returned. |
| One such option is an ACD. An ACD is a diversionary | | | | 4. Disorderly conduct is a "non-printable" charge for |
| disposition. It is a Court Adjournment of the matter | | | | which fingerprints are not required. |
| (for 6 months) in Contemplation of Dismissal. In other | | | | 5. A person who is convicted of a violation is entitled |
| words, if the offender does not get into any further | | | | to have that statewide record kept confidential. In |
| trouble with the law over that six month time period | | | | other words, no statewide search by the Office of |
| the charges will be dismissed by the Court. An ACD is | | | | Court Administration of electronic records can be |
| almost as good as an outright dismissal of the | | | | disseminated to the public of a Violation once it is |
| charges, your only condition being avoidance police | | | | sealed. |
| involvement in your life over the specified time | | | | Note however that the actual paper records kept in |
| period. | | | | a City or Town's Criminal Court are not sealed, and |
| If the facts and circumstances of the offense charge | | | | the public does have access to the physical record in |
| involve more serious allegations then the Prosecution | | | | the clerk's office. Someone could physically go to that |
| and the Court will not usually agree to an ACD. The | | | | particular City, Town, or Village Court and find your |
| charges may still be at the misdemeanor level of | | | | records. |
| crime, but they may involve violence, or a pattern of | | | | A Disorderly Conduct plea can be a practical |
| drug abuse, or harm to people or property. These | | | | resolution and compromise to having a trial. Trials |
| cases are naturally dealt with more harshly by the | | | | always involve a degree of risk. The risk of losing at |
| prosecutors and the Court. Their concern for the | | | | trial (and being found guilty of a misdemeanor) usually |
| general public is understandable. | | | | far outweigh the benefits of pleaing to a violation. |
| In these situations a second possible option is a | | | | For the all following reasons, when prosecutors and |
| negotiated plea to Disorderly Conduct. Commonly | | | | defense lawyers negotiate pleas to violations it helps |
| called a "Discon" in criminal Court parlance. Disorderly | | | | clients avoid the lifetime consequences of a |
| conduct is not a crime, it is considered under the | | | | conviction for a crime that they were alleged to have |
| Penal Law to be a Violation. | | | | committed. |