Legal Question in Criminal Law in New York

Disorderly conduct/auto charges

A couple weeks ago one of my

friends and I brought a skating rail

that we made to a public parking

garage in our town. We had been

skating on it for about a half hour

when a man came around the corner

and hit the rail with his car, resulting

in a scratch on the bumper (see

images below). The man called the

police, who came and took my friend

and I to the police station, and

charged us both with disorderly

conduct (New york penal section

240.20, subdivision 7). They claimed

that this charge was simply to make

sure that we paid the man for the

damage to his car, and that he could

drop the charges after he received

his money. Since this time, the man

has been calling both my friend and I

with updates. He told us that we

owed him a combine $700 in

damages. $550 for the car and $150

for the rental which he will need for

three days while this is in the shop.

He claims he has copies of the

estimate he got from the dealership,

which I haven't seen because we've

only discussed this over the phone.

This is where I stand, not sure where

to go from here. Our court date is

January 10th. He said he would drop

the charges if we payed him before

then, but have no way to


Asked on 1/05/08, 10:36 pm

1 Answer from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Disorderly conduct/auto charges

You need a lawyer.

The only issue is whether or not the prosecution can prove you committed the act of disorderly conduct (which is a violation, not a crime). Without knowing other details such as the statements you may have made to the police and other details it's hard to answer.

The point is, the police cannot charge you with a crime just to bully you into making payment to an individual member of the public if no crime/violation happened. Instead, the aggrieved owner of the car should have been told to sue you in small claims court. There, he will have to prove your liability and his damages.

Furthermore, he doesn't have the power to drop the charges although the DA may be inclined to do it if you pay his damages.

Call your local Bar Association and speak with a lawyer on Monday.

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Answered on 1/05/08, 11:20 pm


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