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Attorney at Law
1311 Mamaroneck Ave., Suite 340
White Plains, NY 10605
Telephone: (914) 949-5561
Fax: (914) 949-3507

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The Criminal Charge

New York City DWI and Traffic Ticket Attorney: The Criminal Charge Most Abused by Police

All too often police, in an effort to avenge what they believe to be personally disrespectful conduct- make an arrest for disorderly conduct. Such conduct may include: cursing at a police officer, loud language directed at a police officer, questioning a police officer's conduct, gestures such as utilizing the "middle finger."

None of this conduct constitutes the crime of disorderly conduct unless committed with the mental state of "an intent to cause public inconvenience, annoyance or alarm . . . "

The controlling word is "public." Too often police officers utilize the disorderly conduct statute to settle a private dispute without any reasonable possibility that the dispute will become a public problem. Unless conduct carries public ramifications a disorderly conduct charge is improper.

Examples of conduct which do not constitute disorderly conduct and yet have resulted in disorderly conduct arrests are:

  1. A personal and momentary scuffle inside a dance club.
  2. Noise emanating from one apartment into another.
  3. Flag burning in public with no evidence that a crowd formed.
  4. Public intoxication.
  5. Acts which occur in private homes.
  6. A husband's attempt to force his wife's automobile off the road with his automobile swerving abruptly.

If none of these actions are committed with the intent to cause "public inconvenience, annoyance or alarm . . . ," and did not result in a crowd gathering or the disturbance of a number of persons, a charge of disorderly conduct would be improper and should be fought vigorously. For any legal issue or if you have a legal question then contact me immediately.

 



For an experienced, aggressive yet compassionate lawyer to handle your defense, contact me to schedule a free initial consultation. My office hours are flexible and I am available to take your call 24 hours a day, 7 days a week. If you are in jail or in the hospital and cannot come to my office, I will travel to meet with you. I accept Visa and MasterCard and payment plans are available.

  

At the law office of Michael Kramer, I defend individuals in New York City and all 5 boroughs, White Plains, Yonkers, Mount Vernon, New Rochelle, Rye Brook, Peekskill, Scarsdale, Mount Kisco, Port Chester, Mamaroneck, Carmel, Harrison, Bedford, Croton, Ossining, Tuckahoe, Scarsdale, Elmsford, Tarrytown, North Salem, Lewisboro, Yorktown and throughout Westchester County, Putnam County and Bronx County.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2012 by Michael Kramer. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.