Arrested for Disorderly Conduct in Buffalo, NY? What to Do Next

Arrested for Disorderly Conduct in Buffalo, NY? What to Do Next

Getting arrested is scary. Even if you were just accused of a minor crime like disorderly conduct, it can make you feel overwhelmed. But don’t worry! This article will walk you through what to do if you get arrested for disorderly conduct in Buffalo, NY.

What is Disorderly Conduct?

Disorderly conduct is a low-level misdemeanor offense in New York. It happens when someone acts in a way that could disturb others around them. Some examples are:

• Making too much noise
• Using abusive language or gestures
• Blocking traffic
• Being drunk in public

Police can arrest you for disorderly conduct if they think you’re causing trouble. The charge is very broad, so it gets used a lot. Some people say cops use it too much when they just want to stop someone who’s not really doing anything wrong.

What Happens After You Get Arrested?

If a cop thinks you’re being disorderly, they can take you to jail. Here’s what will happen next:

1. You’ll be searched and photographed.
2. The police will take your fingerprints.
3. You can make a phone call to tell someone you’ve been arrested.
4. You’ll be held in a cell until you go before a judge or make bail.

The police don’t need a warrant to arrest you for disorderly conduct. They can do it on the spot if they see you breaking the law.

Possible Defenses Against Disorderly Conduct

There are a few main ways your attorney could get the charges dropped or reduced:

You Didn’t Have the Required Mental State

To be guilty of disorderly conduct in New York, you have to intend to cause public annoyance or alarm. If you can show you didn’t mean to disturb anyone, it’s a solid defense. For example, maybe you were taken out of context or got loud by accident.

Your Actions Were Justified

Disorderly conduct charges can often be beaten if your actions were reasonable under the circumstances. For instance, loudly yelling could be justified if you were warning people of a dangerous situation.

The Police Lacked Probable Cause to Arrest You

Cops can’t arrest you unless they have “probable cause” to believe you committed a crime. If they didn’t witness you doing anything illegal, your lawyer can argue they had no right to arrest you.

Your Rights Were Violated

If the police didn’t read you your Miranda rights or let you make a phone call, that’s grounds for dismissal. Any violations of your rights could make the whole case get thrown out.

What Kind of Penalties Are You Facing?

The possible punishments for disorderly conduct in New York include:

• Up to 15 days in jail – But first-time offenders usually just get fined.
• Fines up to $250 – Higher for repeat offenders.
• Community service – Such as picking up roadside litter.
• Probation – You have to check in with a probation officer.
• Anger management or alcohol counseling – If those seemed related to your offense.

Judges consider the circumstances in deciding punishment. Peaceful protests often get dismissed, while acts of violence lead to harsher penalties. Any injuries or property damage can increase the consequences too.

How to Avoid This in the Future

The best way to avoid another disorderly conduct arrest is knowing your rights:

• You can peacefully protest with a permit.
• Cops need a reason to stop you on the street.
• You don’t have to consent to any searches.
• Stay calm and polite if questioned, but don’t answer questions if you don’t want to.
• Record interactions with police if you can.

It’s also smart to avoid places where trouble happens and leave situations if they feel unsafe. And be extra careful around major events like sports games where police are out in force.

With the right legal help, disorderly conduct charges are very beatable. Don’t panic and work with your lawyer to protect your rights. You’ll get through this!