Disorderly Conduct – New York Penal Law Section 240.20
In New York, Disorderly Conduct occurs when a person intentionally or recklessly creates a risk of public inconvenience, annoyance or alarm. Disorderly Conduct can be committed several different ways (see statute below). Disorderly conduct is a violation (not a misdemeanor or felony). Disorderly conduct is a common charge in New York. However, it is not always properly charged.
The Disorderly Conduct statute reads as follows:
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.
The NY Court of Appeals, New York’s highest court, has made it clear that evidence of actual or threatened public harm (inconvenience, annoyance, or alarm) is a necessary element of a valid disorderly conduct charge (People v. Baker, 20 N.Y.3d 354, 960 N.Y.S.2d 704, 984 N.E.2d 902 ; People v. Weaver, 16 N.Y.3d 123, 919 N.Y.S.2d 99, 944 N.E.2d 634  ).
Thus, the state must be able to prove that the defendant either intended to cause public inconvenience, annoyance or alarm or was reckless in creating a risk thereof.
Aggressive Debt Collectors
This article seems to suggest that they are. Although this is bad news for borrowers, the law, fortunately, protects borrowers from overly aggressive debt collectors. Debt collectors that harass borrowers, contact borrowers at odd hours, or contact borrowers’ employers may be violating the Fair Debt Collection Act. If so, those debt collectors may be forced to pay borrowers $1,000 in damages. Additionally, without proper documentation, the debt may be discharged.
If you believe that you have been harassed by aggressive debt collectors, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to help! Call (516) 858-2620 for a free consultation.
Marriage Equality Act (MEA)
Recently we have received several phone calls regarding the Marriage Equality Act. The Marriage Equality Act is the act which has changed the New York Domestic Relations Law to allow the parties to a marriage to be of the same sex.
This act also ensures that all benefits that are given to heterosexual married couples also be given to homosexual married couples; whether these benefits stem from legislation, common law, administrative or court rule, public policy or however else. This MEA has gone into effect as of July 24, 2011. In the Dickerson v. Thompson ruling, the Court points out the fact that The MEA also provides that valid out of state same sex marriages will be recognized and treated the same as valid in state marriages of any kind.
Long Island Divorce Attorneys
As always, if you have any questions regarding The Marriage Equality Act, please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Family Lawyer!
We have been successful in getting debt collectors to drop their lawsuits against our clients.
In a recent case of ours, the debt collector filed a 1 page complaint seeking thousands of dollars in alleged unpaid charges. We defended the debt collection lawsuit by filing a 21 page response. A few weeks later the debt collector voluntarily dismissed its lawsuit with prejudice.
Most of us have heard that banks are having trouble foreclosing on home loans because they can’t “produce the note.” Well, debt collectors are having similar issues. Basically, debt collectors can’t prove that they are the proper party entitled to enforce the alleged credit agreement.
We proudly assist residents of Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with debt settlement and debt collection defense. Call (516) 858-2620 to arrange a FREE consultation with an attorney!