What are the chances of me not having this disorderly conduct on my record? (first time anything offender)
My friends and I were at a PATCO station and this cop told us to get off the train because we were holding the door for our other friend. We got of the train but he started yelling at my friend, unprovoked. We asked for his badge number and name so we could report him but he refused to give it to us. We called 911 to report this and they said they would send a supervisor down but he never came. At one point he even pulled out his nightstick and told us "say something else, see what happens." We weren't even yelling! This cop charged us with disorderly conduct and we have a court date soon. Being a medical student, I CANNOT have this on my record, what do you think my best course of action is and what are the chances this gets expunged? Thanks
There may be videos in that area. An attorney will help you get this matter down-graded if not dismissed.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
In order to be convicted, the prosecutor must prove that there was a public inconvenience and if no one other than a police officer was there to witness it, this element of the offense may be difficult to prove. Additionally, the behavior has to be extreme (EG: aggressive or threatening in nature). Moreover, the defendant must have an intent to create a public inconvenience.
In New Jersey, an attorney can help to have a a disorderly persons offense charge be downgraded to a ordinance violation. However, the record of your arrest and the ordinance violation do not go away with the passage of time and they will still appear on background checks. This means that the arrest and conviction for an ordinance will show up if a potential employer, educational institution, or government agency conducts a background search of your public records.
An expungement is available in New Jersey for a municipal ordinance if certain conditions are met. It is important to note that the individual must wait for a period of at least 2 years from the date of conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later to file duly verified expungement petition to the Superior Court in the county in which the violation occurred.
You should speak with an attorney to determine the best course of action in light of the charge as well as your future goals in the medical field.
Joseph D. Lento, Esq.
Law Offices of Joseph D. Lento and Associates
I'm pretty sure you asked this question five time. If I am mistaken, I apologize. IF not, you are a med student who made one mistake. You must be smart enough to realize you need a lawyer. Hire one. Trying to figure out the answer online so you can deal with it yourself is like a law student trying to diagnose and treat herself using WebMD.
First off, it is already "on your record", and will stay there unless and until you have it expunged. This could be immediately or it could be in five years, depending on what the outcome of your case is.
Be prepared for the police report to read a little differently than what you remember happening. The disorderly conduct could be the act of holding open the train door.
Not talking about it to anyone anywhere and hiring a lawyer is your best course of action.