Legal Question in Criminal Law in New York

Disorderly Conduct Summons

My son received the above for chatting with 3 of his friends on a street corner with no provocation whatsoever @ 10:30PM. (sec 240202). I read the penal law and found no substance to this summons. The law seems to focus on unreasonable noise or threatening crimminal activity in a public place. My son was out walking his dog and chatting with his friends, but due to calls made in the area for kids making noise or creating a nuisance, the officer gave these 3 young men a summons. What should be done about this type of summons & how should he plead to it?


Asked on 10/09/07, 2:25 am

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Disorderly Conduct Summons

Dis -Con 240.20 is a violation ,not a crime. Your son may plead to the charge with very small consequences usually a fine or plead not guilty and have a trial. A competent criminal defense attorney will read and analyze the complaint and if warranted make a motion to dismiss for legal insufficientcy. I handle cases of this nature on a daily basis,you may contact my office for a free phone consultation.

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Answered on 10/09/07, 11:46 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Disorderly Conduct Summons

He should plead not guilty. He should contact a lawyer and have him try the case for him. Since this is a violation the state doesn't have to provide an attorney, but you may be able to get him one. If not call on your local law school or NYCLU chapter to see if someone there (Maybe a clinic person) can help out.

Good Luck

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Answered on 10/11/07, 1:55 am


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