By David P. Badanes, Esq.

If you have been arrested for disorderly conduct, your arrest may not be valid. There are several actions which may constitute disorderly conduct, for example:

• Using abusive or obscene language
• Making an obscene gesture
• Obstructing traffic
• Making an unreasonable noise

However, in order to be guilty of disorderly conduct, there must be an intent to cause public inconvenience, annoyance or alarm. Therefore, what is critical to a charge of disorderly conduct is that your statements and behavior are a potential or immediate public problem.

Although, the maximum penalty for a disorderly conduct arrest is only a violation, oftentimes, if you arrested for disorderly conduct, it will lead to a more serious charges. For example, in a recent case, a defendant was arrested for disorderly conduct, after the arrest, the police officer conducted a search and found cocaine, resulting in a felony charge. In those situations, if the initial arrest for disorderly conduct is invalid, then the resulting search will be suppressed and the entire felony charge will be dismissed. In this particular case, this is exactly what happened as the court found that the initial arrest for disorderly conduct was invalid and therefore, the search was improper.

If you are arrested for disorderly conduct and your face more serious charges, then a criminal defense attorney may be able to get all the charges invalidated. David Badanes and the Badanes Law Office can help you. In Long Island, New York (Suffolk County and Nassau County), call David Badanes and the Badanes Law Office today at 631-239-1702, email at or visit our web site:

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