Found an issue on this page? Let us know and we will look into it as soon as possible.
Is a local ordinance equivalent to a misdemeanor?
Anonymous3 views3 answers
I was jailed i have a disorderly conduct charge. I was given a ticket that has a box for state law and local ordinance. Local ordinance being checked. I assume their is a difference
A local ordinance is different than a state law misdemeanor. Typically the maximum penalty for an ordinance is 6 months in jail and a $1000 fine whereas a misdemeanor is 12 months in jail and a $1000 fine.
There are significant differences between a local ordinance violation and a state misdeamnor. Besides the difference in potential sentences and punishment for the charge, a local ordinance charge of disorderly conduct should, in theory, be a non-fingerprintable offense and only kept on your record locally. That makes a huge difference going forward in terms of your criminal record and potential employment, school and other opportunities. It also makes the expungement process easier.
Depending on your record and the circumstances of the offense, you may be eligible for a diversion program that could result in the charge being dismissed. I would be happy to speak with you about your case in more detail with a free consultation and am available 24/7. When facing any charge like this, it is important that you discuss the matter with a qualified, experienced attorney.
You should always opt for an ordinance charge, unless you want to have a trial by jury. If you demand a jury trial, and there is a state law that is the same (or very similar) to the ordinance charge, your case will be moved out of the city court and into the State court, where the prosecutors are usually more experienced, yet often times easier to work with.