 |
| "OUT OF ORDER!?!? I'll SHOW YOU OUT OF ORDER!!!!!" --Pacino, Scent of a Woman [best scene in movie] |
ITHACA COLLEGE / CORNELL DWI LAWYER explains:
WHAT IS "DISORDERLY CONDUCT"
ANYWAY?
I've previously discussed this charge on Cornell's SLOPE DAY. But here I hope to give some examples of what Disorderly Conduct can mean and how to avoid the charge itself...
For starters...are you IN PUBLIC?
Generally, this means that you are outside. If you are inside a house or apartment it is unlikely you will be charged with Disorderly Conduct ("DisCon" to us local criminal defense lawyers).
However, if you are inside a PUBLIC BUILDING --such as any building on the campus of Cornell University or Ithaca College--then you can be charged with DisCon.
Also, be aware that any street within Cornell of IC's campus is considered a PUBLIC street. So you can't avoid this crime just because you're on campus.
When do the police normally charge this crime?
1. When you're outside
2. You're drunk or high
3. You're causing some kind of disturbance (i.e. yelling, talking loudly amongst a group of people, fighting, using loud stereo equipment, honking a car horn, etc)
4. You may (or may not) have talked back to the Police.
I see college students charged with this crime MOST OFTEN when they're disregarding the police. Usually in Ithaca, if there is a party or group of students outside someplace, the Police arrive and instruct everybody to go home (unless they see drugs or something else more serious).
It's when some drunk college students start to protest or talk back to the Police--that's when kids get charged with DISORDERLY CONDUCT or worse...
[ Resisting Arrest = Class A misdemeanor]
[Obstructing Government Administration 2nd = Class A misdemeanor]
DisCon is NOT a crime in New York. It is a violation. However, be warned that it does carry a jail sentence up to 15 days. It is NOT uncommon for a prosecutor to ask for some small jail sentence to "scare you straight."
BOTTOM LINE:
If you are outside and speak disrespectfully to the police and refuse to obey them, then it is VERY LIKELY that they will charge you with Disorderly Conduct (or worse).
Be smart. Do what you're told and keep your mouth shut. That's my best advice.
You can always consult an attorney AFTER an interaction with the police.
For starters...are you IN PUBLIC?
Generally, this means that you are outside. If you are inside a house or apartment it is unlikely you will be charged with Disorderly Conduct ("DisCon" to us local criminal defense lawyers).
However, if you are inside a PUBLIC BUILDING --such as any building on the campus of Cornell University or Ithaca College--then you can be charged with DisCon.
Also, be aware that any street within Cornell of IC's campus is considered a PUBLIC street. So you can't avoid this crime just because you're on campus.
When do the police normally charge this crime?
1. When you're outside
2. You're drunk or high
3. You're causing some kind of disturbance (i.e. yelling, talking loudly amongst a group of people, fighting, using loud stereo equipment, honking a car horn, etc)
4. You may (or may not) have talked back to the Police.
I see college students charged with this crime MOST OFTEN when they're disregarding the police. Usually in Ithaca, if there is a party or group of students outside someplace, the Police arrive and instruct everybody to go home (unless they see drugs or something else more serious).
It's when some drunk college students start to protest or talk back to the Police--that's when kids get charged with DISORDERLY CONDUCT or worse...
[ Resisting Arrest = Class A misdemeanor]
[Obstructing Government Administration 2nd = Class A misdemeanor]
DisCon is NOT a crime in New York. It is a violation. However, be warned that it does carry a jail sentence up to 15 days. It is NOT uncommon for a prosecutor to ask for some small jail sentence to "scare you straight."
BOTTOM LINE:
If you are outside and speak disrespectfully to the police and refuse to obey them, then it is VERY LIKELY that they will charge you with Disorderly Conduct (or worse).
Be smart. Do what you're told and keep your mouth shut. That's my best advice.
You can always consult an attorney AFTER an interaction with the police.
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
