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I just read the info regarding disorderly conduct in for NY.

Hi, I just read...

Hi, I just read the info regarding disorderly conduct in for NY. very helpful. My question is in regards ***** ***** recent problem that my husband ran into there. Long story short, he was arrested at airport when checking his firearm. Has CCP from other state, had not planned on even going to NY but his work company sent him there. He is a military vet with no prior record. He was released without bail, thankfully. He goes back next month. Public Defender has had him sending lots of documentation, letters of character reference, copy of permit application, proof of residency, etc. He just found out that the felony charge will be dropped to a disorderly conduct violation if he pleads guilty. This is what worries me. Should he plead guilty to this charge or plead NOLO?

Lawyer's Assistant: Have charges been filed? Is there a prior criminal record?

He has a perfect record, he was charged with possession of a firearm and the prosecutor asked for a bond but the judge denied it since he doesn't have a record

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think I covered it, thank you

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8/12/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,184
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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New York state does not allow a plea of nolo contendre. A defendant may only plead guilty or not guilty. A plea to disorderly conduct's is a plea to a violation and not a crime.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,184
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 6 months ago
will this go on his record?
Customer reply replied 6 months ago
Thank you

It's already on his record as a felony arrest. If it is reduced to a disorderly conduct and he pleads to that charge, he's only pleading guilty to a violation. That's the criminal court equivalent of a traffic ticket and is not considered a crime.

New York State will seal violations. So if he wants this plea, he should make sure that his public defender asks for the dis con conviction to be sealed. Then it won't appear on his record.

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Customer reply replied 6 months ago
Ok, thank you so much, this has been a nightmare. He does not want it on his record as he hasn't had anything on it ever. In your opinion, is it hard to get it off the record?

Generally, no, unless it's a condition of the plea that it not be sealed. His lawyer needs to work that piece out with the DA before he pleads. New York State recognizes no license other than its own, and the state actually can indict this case if they choose to.

So if they won't agree to sealing, he may have to choose between fighting a felony charge or having an infraction on his record.

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Customer reply replied 6 months ago
ok, I hope it doesn't come to that. Thank you for your time, I appreciate this, at least we know what the possibilities are. I'll be glad when this is over. Thank you again.

I hope it doesn't either.

New York has the toughest gun laws in the country. They are offering him a real break. The reduction can only take place before the case is indicted. Once a grand jury votes the indictment, the case will remain a felony charge.

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Customer reply replied 6 months ago
The Public Defender said that the total fines should end up being less than 400.00 and that she is very hopeful about the outcome by the conversations with the asst. D.A. My husband has sent in his citations from the military, DD 214, letters of ref., flight itinerary to and from NY, hotel receipt, paperwork to show that he was not the one that chose to go to NY, that his work sent him last minute. I hope all that helps.
Customer reply replied 6 months ago
a mandatory surcharge of 120.00 and the fine of 250.00 which she will negotiate no fine attached. ( talking to my husband on phone and he is reading latest email)

$250 is the maximum fine on the disorderly conduct. The mandatory surcharge cannot be waived. Hopefully, they will agree to seal it.

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Customer reply replied 6 months ago
He goes before the judge next month. I wish we could take you along! lol You've been wonderful. I may actually be able to sleep tonight! I will let you go. Again, Thank You!!! My husband say's thank you as well, he has an e-mail all ready to send to her next week. I hope you have a good evening. Bless you Zoey

You're very welcome. Best of luck!

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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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