1. You're seriously understating the seriousness of a violation if you equate it to a traffic ticket. While not technically a crime, it is defined in the Penal Law. Also, if convicted it does appear on the rap sheets I review. Finally, if you ever apply for a professional license, you won't be explaining that traffic ticket; you will be explaining that violation.
2. It's not inconsistent with the facts that he was only arrested for a violation. NY does not have simple assault or battery. You have to cause a "physical injury" to get arrested for assault. He wasn't resisting prior to his arrest. He was closest to Obstructing Governmental Administration. Good discretion to not overcharge.
3. As the son of a criminal investigator & a prosecutor myself, it fries my rear when people insinuate that the cop was wrong. My experience is that this is a very, very rare occurrence in our area & usual the get out of jail card played by the guilty. When this is offered up to me, my response is simple: Go sue & meanwhile we will see how your criminal trial goes first.
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1. I am not an attorney but know this well as I had to deal with it personally. Violations are automatically sealed. DCJS does not report violations to background checking firms, or any sealed record for that matter. I have applied for and have professional licenses and have a disorderly conduct. You certainly can't be implying disorderly conduct while in college will have much impact on anyone's career choice. I'm in the financial industry. It doesn't have to be disclosed on a U-4 for registration with FINRA, nor as a CFA... further any job application that asks if you've been charged with a crime, the correct answer in no. I've had FBI background checks done and ran DCJS reports on myself and its not disclosed, although when you run a DCJS report on yourself it will note sealed arrests, but not for anyone else running the report. Complete non-event for me professionally.
http://www.reentry.net/ny/search/attachment.185116
2. We are talking about a d-1 linebacker. If he got physical with a cop, they could have found some form of injury to meet the thresholds for article 120 charges. Hell if he scratched the cop, caused him to have a sore back, anything like that would have met the criteria. Apparently none of that happened based on the charges. As you are stating, touching a cop by itself may not be a crime. Certainly not stating it should be done.
3. I'm not implying the cop was wrong. It is a technicality, but violations aren't crimes and that is what he was charged with. Your 'go sue' comment is maddening from the perspective of a guy who has been embroiled in a civil case. Most people don't have the resources to sue, nor is it anything that is remotely quick (one side can delay forever as I am seeing), nor easy, so the system is set up to prevent people from seeking relief if there has been an injustice. I've watched a corporate attorney perjure himself recently both in interrogatories and in a deposition, backed by written discovery, who then when on to make numerous, substantial changes on the errata sheet, further tainting the testimony. When I asked my attorney if there was any recourse, he stated that he sees perjury in virtually every case he litigates and most plaintiffs/defendants and lawyers litigating civil cases know nobody is going to waste resources going after perjury, so its done often. So if its expensive, lengthy and parties can lie, is it really helpful to tell most people to go sue?
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