FAQ on Disorderly Conduct Charges in New Mexico

FAQ on Disorderly Conduct Charges in New Mexico

Hey there! If you’re reading this, you probably got charged with disorderly conduct in New Mexico and have a ton of questions. Don’t worry – I’ve been there too. Let’s walk through this together.

What exactly is disorderly conduct in New Mexico?

Basically, disorderly conduct is when you act in a way that disturbs others around you. According to New Mexico law, it’s a petty misdemeanor that can be punished with up to 6 months in jail and/or a $500 fine.[1] There’s a few main ways you can commit disorderly conduct:

• Making too much noise
• Saying offensive things in public
• Getting into fights
• Being drunk in public
• Blocking traffic or sidewalks

So basically, if you’re causing a scene or disturbing the peace, you could get charged. Police have a lot of discretion on this one.

What happens after you get charged?

After you get charged, you’ll have to go to court – usually municipal or magistrate court. At your first hearing, you’ll enter a plea of guilty, not guilty, or no contest. Then a trial will be scheduled if you didn’t plead guilty.

The prosecutor will try to prove you committed disorderly conduct beyond a reasonable doubt. If found guilty, the judge will sentence you based on your criminal history. Like I said above, it’s a petty misdemeanor so punishment is pretty light.

What’s the best defense against a disorderly conduct charge?

There’s a few solid defenses that could get your charges dismissed or reduced:

• You didn’t act with criminal intent – If you can show you didn’t mean to disturb anyone, that’s a good defense. For example, you were singing loudly but didn’t realize it was bothering people.
• Your actions were justified – Disorderly conduct charges often come from fights. If you can argue you acted in self-defense, that would help your case.
• Your rights were violated – If the police violated your rights by charging you improperly, any evidence could get thrown out.

An experienced criminal defense lawyer can help argue one of these defenses for you in court.

How can you get the charges reduced or dismissed?

Here’s a few ways to get disorderly conduct charges reduced or thrown out completely:

• Accept a plea deal – Plead guilty to a lesser offense like disturbing the peace
• Complete community service or counseling – Show you’re trying to make amends
• Get charges dismissed – Work out a deal with the prosecutor
• Prove your innocence at trial – Beat the charges if found not guilty

The best option depends on the details of your case. An attorney can advise you on the pros and cons of each.

How can a disorderly conduct charge impact you?

While it’s a petty misdemeanor, a disorderly conduct conviction can still impact your life:

• – Criminal record that shows up on background checks
• – Possible probation requirements
• – Higher insurance rates
• – Harder to get certain jobs
• – Trouble getting housing or loans

So don’t just brush it off – make sure to take the charges seriously and fight them with an attorney’s help.

What should you do if charged with disorderly conduct?

Here’s a quick checklist if you get hit with disorderly conduct charges:

1. Remain silent and don’t answer police questions
2. Hire a criminal defense attorney as soon as possible
3. Listen to your attorney’s advice at every step
4. Consider options like plea deals or diversion programs
5. Build your defense strategy and gather evidence
6. Appear at all court dates until the case is resolved

Having an experienced lawyer on your side can make all the difference. Don’t go at it alone!

What kinds of plea deals can you get for disorderly conduct?

Prosecutors often offer plea bargains in disorderly conduct cases. Here are some common deals:

• – Plead to non-criminal violation instead of misdemeanor
• – Get charges dropped to lower offense like disturbing the peace
• – Deferred sentence so charges dismissed after probation
• – Community service or counseling instead of jail time
• – Anger management or alcohol treatment classes

An attorney can negotiate with the prosecutor for the best possible plea deal to minimize penalties.

Can you get disorderly conduct charges expunged in NM?

Yes, New Mexico allows expungement of disorderly conduct charges after you complete your sentence. Here’s how it works:

• – Must wait 1 year after sentence ends
• – File petition for expungement in district court
• – Serve petition on law enforcement agencies
• – Attend court hearing if no objections filed
• – If approved, records sealed from public view

Getting charges expunged removes them from your criminal record. Talk to a lawyer to start the expungement process.

What are some tips for beating a disorderly conduct charge?

Here are my best tips for fighting disorderly conduct charges:

• – Get a lawyer ASAP – they can start building your defense
• – Negotiate with prosecutor for dismissal or plea deal
• – Challenge police conduct if your rights were violated
• – Introduce evidence that contradicts the charges
• – Argue you didn’t have intent to disturb the peace
• – Highlight any weaknesses in the prosecution’s case
• – Consider taking case to trial if chance of acquittal

With an experienced criminal defense attorney on your side, you stand the best chance of beating these charges.

What happens if you get convicted of multiple disorderly conduct charges?

If convicted of multiple disorderly conduct charges, penalties get harsher with each new offense. Generally:

• – 1st offense – Fine up to $500 and/or jail up to 6 months
• – 2nd offense – Fine up to $1,000 and/or jail up to 1 year
• – 3rd offense – Felony charge, over 1 year in prison possible

Judges tend to give first-time offenders a break with community service or probation. But repeated charges lead to bigger fines, more jail time, and eventually felony charges.

Can I represent myself pro se in a disorderly conduct case?

You can represent yourself in a disorderly conduct case, but having a lawyer is strongly recommended. Pros and cons of going pro se:

• Pros: Save money on attorney fees, control your defense
• Cons: Lack legal knowledge, harder to negotiate or win at trial

Overall, it’s very risky to go pro se against an experienced prosecutor. Hiring a lawyer gives you the best chance of success.

What kinds of penalties are common for disorderly conduct convictions?

Disorderly conduct is a petty misdemeanor, so penalties are relatively minor. Common sentences include:

• – Up to 6 months in jail (unlikely for first offense)
• – Fines up to $500 plus court fees
• – Probation with no jail time
• – Community service hours
• – Anger management or alcohol counseling
• – Public apology letter

Jail time is rare for first offenses. Fines, probation, and classes are more common. Repeat offenders face harsher sentences.

Should I take my disorderly conduct case to trial?

Whether to take a disorderly conduct case to trial depends on the evidence and potential sentence if convicted. Consider:

• – Strength of the prosecution’s evidence
• – Any legal defenses you may have
• – Chance of winning at trial, according to your attorney
• – Potential penalty if found guilty at trial
• – Deal prosecutor is offering for a guilty plea

In many cases, the risks of trial don’t outweigh the plea deal. But talk to your lawyer about options.

What should you do at your disorderly conduct arraignment?

Your arraignment is your first court appearance after being charged. Here’s how to handle it:

• – Listen carefully to the charges against you
• – Plead “not guilty” to preserve defenses
• – Don’t make any statements about the incident
• – Ask court to preserve all evidence
• – Don’t accept any plea deal without your lawyer

Pleading not guilty keeps your options open. An attorney can advise you on the best plea at arraignment.

Is disorderly conduct a misdemeanor or felony in New Mexico?

Disorderly conduct is a petty misdemeanor in New Mexico, punishable by up to 6 months in jail and/or a fine up to $500.[1] It only becomes a felony if you get convicted three times within 18 months.

So on the first couple offenses, it remains a misdemeanor. But repeated disorderly conduct can lead to felony charges down the road.

What should you do if the police want to question you about disorderly conduct?

If police try to question you about disorderly conduct, it’s important to protect your rights:

• – Remain silent – you don’t have to answer questions
• – Be polite, but don’t admit anything
• – Don’t resist arrest if placed under arrest
• – Invoke your right to an attorney immediately
• – Don’t say anything more until your lawyer is present

Anything you say can be used against you, so say as little as possible until you have legal counsel.

What are the chances of winning a disorderly conduct case?

Your chances of beating disorderly conduct charges depend on the evidence and your defense strategy. Some factors that help:

• • – Lack of strong evidence against you
  • – Witnesses supporting your side of the story
  • – Illegal police conduct in charging you
  • – Proving you didn’t have criminal intent
  • – Showing your actions were justified