Disorderly conduct charges

My son was waiting for the bus in front of a grocery store at 11:00pm in a neighborhood in Queens New York.
Some of his friends saw him(about 3 friends) and came over to talk with him. A patrol car passed them by and
turned around towards them. The officer gets out the car pats them down and ask for ID. They show the officer the ID, and the next thing you know they are given a ticket for disorderly conduct. My son has to appear in court in Febuary 2009. He is also schedule to start military service January 2009. I would like to know does he need to get a lawyer? Will he have a record from this? Can he still enter the military? He is 19 years old. - Is this your question? Add additional information
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Answers (1)

James Wrixam McIlvaine

James Wrixam McIlvaine

Contributor Level 4
At the outset: it should be noted that I am a Georgia attorney who does not practice in NY.

Disorderly conduct in most jurisdictions is a misdemeanor offense. By the facts you have given, I assume that is the same in NY since the officer simply wrote a ticket and didn't arrest your son.

You should hire an attorney to look into resolving the matter as soon as possible. Your son's military recruiter will be able to get a waiver for your son's misdemeanor offense (should he be convicted.) Work with your son's recruiter to find out his options in that regard.

If he is convicted he will have a misdeanor record for disorderly conduct. So, if that is a concern for you and your son - you should discuss this with his attorney. In most states, there are generally options that include first offender probation or other remedies that will ultimately prevent a conviction from being entered. A skilled attorney will be able to guide your son through the criminal justice system and gain a disposition that is favorable.
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