Disorderly conduct (5) summons for out of state individual - can i get a lawyer to attend court/dismiss

Asked over 2 years ago - New York, NY

I was cycling in manhattan recently heading south on Columbus (corner of 93rd) on the right hand side of the main road when I heard the police siren behind me. The cop stopped me and asked why I was not on the cycle lane. To which I said - I didn't know it was there - btw the cycle lane was just beginning and is on the left hand side. Besides, I was just about to make a right so it would make no sense to be on the left. To my surprise, he pulled out a pink sheet and started jotting a summons dated June 28th appearance date with "dis con" code 5. I submitted the summons within 48 hrs to the criminal court - with a non guilty plea and i'm not sure whats next in the process. I live out of state in the midwest and it would be hard for me to attend. Can a lawyer assist to dismiss?whats the fee?

Attorney answers (4)

  1. Benjamin J Lieberman

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . A lawyer can certainly appear on your behalf and save you the trip. A lawyer can review the summons and move to dismiss it if there are legal grounds to do so, otherwise s/he can move for an ACD, which is where the summons would be dismissed after six months if you don't get I to any legal trouble. Worst case scenario it's a violation that carries a fine and a $120 court surcharge. Contact me if you wish to discuss further.

  2. Howard A. Schwartz

    Contributor Level 20

    4

    Lawyers agree

    Answered . Every attorney has different price structures. You should consult with a number of people to determine who you feel comfortable with regarding prices and theories. It is possible that you could receive an ACD, which stands for adjournment in contemplation of dismissal. To receive that, in your absence, an attorney would have to prepare an affidavit to be executed by you prior to the court date. There is no guarantee as to results, but a dismissal is certainly a possibility. Good luck.

    I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-... more
  3. Michael Lewis Marley

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . My understanding, and I am a fellow cyclist besides being a lawyer, is that the court is really only to be paid the court fine.
    It should not be difficult to resolve this matter without you being required to return to NYC.

    Law Office Of Michael Marley
    Phone 917 853 4484

  4. Christopher Jude Pelli

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . I don't think there is much to add here. Call Mr. Lieberman above!

Related Topics

Criminal charges for disorderly conduct

Disorderly conduct, usually a misdemeanor charge, means disrupting the peace or public space through threatening, disruptive, lewd, or drunken behavior.

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