Ithaca, NY is a college town located nearly four hours from New York City. Sometimes student behavior results in criminal charges. Some might call it shenanigans (festivals) or shenanigans (according to Wikipeida: shenanigans are trickery, mischief, or covert action), or as I call it “what were they thinking?” What often seems like a good idea at 3:00 am doesn’t make sense in the morning light.
Yes, Ithaca College and Cornell University students sometimes unwind from study stress in interesting ways. In my youth, I was a member of a fraternity. So when things happen, as they often do, in the wee hours of the morning, when the brain cells aren’t fully engaged, the students wake up to various criminal charges.
These students generally face misdemeanor charges. A criminal conviction would remain on your permanent record forever. Unfortunately, New York State does not have an expunction statute. Many of these first time offenders simply made a poor decision and/or judgment. Depending on the facts and circumstances of the incident, for rookies (before the court system), these types of charges can usually be negotiated for a non-criminal disposition or dismissal.
There are a few different options to negotiate and thus mitigate the misdemeanor to something less damaging. Unless the client has a criminal record or other mitigating circumstances for the crime charged, the Court and Prosecutor will generally pursue an amicable resolution option.
One of those options is an ACD. An ACD is a diversion arrangement. It is a judicial postponement of the matter (for 6 months) in contemplation of dismissal. In other words, if the offender has no more problems with the law during that six-month period, the court will dismiss the charges. An ACD is almost as good as a full dismissal of the charges, with the only condition being that you avoid police involvement in your life for the specified period of time.
If the facts and circumstances of the criminal charge involve more serious allegations, then the District Attorney and the Court will generally not accept an ACD. The charges may still be at the misdemeanor level, but may involve violence, or a pattern of drug abuse, or harm to persons or property. Naturally, these cases are treated more harshly by prosecutors and the Court. His concern for the general public is understandable.
In these situations, a possible second option is a negotiated public nuisance declaration. Commonly called “Discon” in criminal court jargon. Disorderly conduct is not a crime, it is considered under the Criminal Law as a Violation.
Disorderly conduct covers a wide range of conduct, behavior and illegal activities.
Disorderly conduct, under Penal Law 240.20, has many subdivisions. According to the Criminal Law, a person is guilty of this violation when, “with the intent to cause a public nuisance, nuisance or alarm, or recklessly creating a risk thereof”, a person does one of the following:
(1) Engages in fights or in violent, rowdy, or threatening behavior;
(2) makes an unreasonable noise;
(3) Uses obscene or abusive language or obscene gestures in a public place;
(4) disrupts a lawful assembly or meeting of persons without any lawful authority;
(5) Obstruct vehicular or pedestrian traffic;
(6) congregate with others in a public place and refuse to comply with police requests;
(7) Creates a dangerous condition or a physically offensive condition by any act that has no legitimate purpose.
What are the advantages of a disorderly persons plea (an infraction) versus a misdemeanor guilty plea?
1. An infraction is not considered a criminal disposition or conviction. It is a non-criminal provision.
2. The person who is convicted, by guilty plea or in trial, for an infraction has the right to have the record sealed.
3. A person who is convicted, by plea or trial, of a violation has the right to have their fingerprints and any photographs (mug photos) returned to them.
4. Disorderly Conduct is a “non-printable” charge for which fingerprints are not required.
5. A person convicted of a violation has the right to have that state record kept confidential. In other words, no state search of electronic records by the Office of Court Administration can be released to the public of a Violation once it is sealed.
Keep in mind, however, that the actual paper records kept in a City or Town Criminal Court are not sealed, and the public has access to the physical record at the clerk’s office. Someone could physically go to that particular city, town or village court and find their records.
A plea of ​​disorderly conduct can be a practical resolution and a commitment to stand trial. Lawsuits always involve a degree of risk. The risk of losing at trial (and being convicted of a misdemeanor) generally far outweighs the benefits of pleading guilty to rape.
For all of the following reasons, when prosecutors and defense attorneys negotiate guilty pleas for violations, it helps clients avoid the lifelong consequences of a conviction for a crime they allegedly committed.