Disorderly Conduct Charge After Faking a Fight
My question involves civil rights in the State of: New York City NY,
I was crossing the ave on my bike I saw my friend crossing in front of me and making a joke for the amusement of some ladies we pretended to get into a conflict and he kicked my bike tire and I fell to the ground which drew big smiles from the ladies and the police. We explained to them it was a joke and that we were friend NO Charges but they decided to get out of their vehicle and ask for ID, I pleaded with them that it would not happen again and that there has been no crime or reason to go any further but they arrested us and took us to the local precinct and ran a check for warrants, we were charged with disorderly conduct and give a court date in April and then said it would be dismissed not to worry.
Now what?
Re: What to Do Now False Arrest
Why do you believe this is a false arrest?
Re: What to Do Now False Arrest
Please then tell what are your thoughts on the matter, I don't know what happened to warrant being arrested, call me naive but two friends joking around posing no danger to themselves or others, no complaints were made how does that spell disorderly conduct?
Re: What to Do Now False Arrest
Quote:
Quoting
Das Allen
Please then tell what are your thoughts on the matter, I don't know what happened to warrant being arrested, call me naive but two friends joking around posing no danger to themselves or others, no complaints were made how does that spell disorderly conduct?
you hardened criminal. thank heavens the police have saved us from you. :rolleyes:
Re: What to Do Now False Arrest
Problem is that your jack-assery occurred in the streets - in a public place, where others witnessed the incident which you had staged to look like a confrontation. So you were both potentially impeding trafffic, and, potentially causing distress to others who had no reason to think the incident was anything OTHER than a legit confrontation which included violence (yes, kicking someone over on a bike IS violent). Meets all of the elements of the crime with which you've been charged:
§ 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.
Time to come up with OTHER ways of getting attention from "the ladies".
Re: What to Do Now False Arrest
Understood, but what you fail to understand is the basic premise of "Intent" there was no malicious intent, no one thought that any real violence was taking place, the Ladies were smiling and enjoying us boys having a laugh. We were close to the curb and Traffic was a non issue, the light was red and no cars coming from the side street, it was a tap of the bike and I made a slow fall to the ground, simulating a fall, it was obvious that this was play and not the real deal and was immediately explained to police that we were friends and it would not happen again. I guess when you live in a place for 20 years you don't think about your streets as a public streets but HOME.
I do thank for your hard hitting feedback it helps to know how hard minded people think, I prefer to live humanly and that includes play, have a good day, hey hey hey
Re: What to Do Now False Arrest
Quote:
Quoting
Das Allen
Understood, but what you fail to understand is the basic premise of "Intent" there was no malicious intent, no one thought that any real violence was taking place, the Ladies were smiling and enjoying us boys having a laugh. We were close to the curb and Traffic was a non issue, the light was red and no cars coming from the side street, it was a tap of the bike and I made a slow fall to the ground, simulating a fall, it was obvious that this was play and not the real deal and was immediately explained to police that we were friends and it would not happen again. I guess when you live in a place for 20 years you don't think about your streets as a public streets but HOME.
I do thank for your hard hitting feedback it helps to know how hard minded people think, I prefer to live humanly and that includes play, have a good day, hey hey hey
So tell me. Say a Random Stranger observed, and thought one of you would genuinely be at risk. Random Stranger intervenes and gets hurt.
THEN what, according to your Most Excellent Thought Process?
Re: What to Do Now False Arrest
Or random stranger sees what appears to be a fight and calls 911? Now police are dispatched and that costs valuable time and money that they could have spent on a real issue.
Re: What to Do Now False Arrest
I think you're the ones who don't understand. WE do not have to understand your intent. Whether you had malicious intent or not, whether the ladies were amused or not, the fact remains that your actions were or could have been seen as disruptive. It's the result, not the intent, that matters.
Re: What to Do Now False Arrest
Here's an idea: fake a bank robbery, then run out with a rubber gun and point it at someone or at police. You and your buddy could make it a fun contest to see which one of you the coroner pulls more bullets out of. Time to grow up and make better decisions, before they result in consequences MUCH worse than a charge of disorderly.