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Charged with NYC Park Rules and Regulations (PRR) 103-A2, "Inside Park After 9pm", What can be expected at the Crim Court (AR2)?
Anonymous3 views4 answers
Was at the bayside marina with girlfriend talking by the water in vehicle, and around12:30am the cops stopped by and told me to give them our ids, we complied and the next thing i know they are writing summons. There were no signs by the marina about closing hours at all. And PRR 103-A2 is just a statement, it is not a law. I dont want a criminal record, what can I expect at the court hearing? Help!!
All violations of the NYC Parks Rules are misdemeanors so you have actually been charged with a crime. If there are no signs, you may have a defense. You should decide whether you want to take the case to trial, which is a risk because you will have a criminal record if you lose. These cases usually can be plead down to a non-criminal offense or even an ACD (adjournement in contemplation of dismissal). I am a former Queens A.D.A. (and also a federal prosecutor) and now handle criminal defense so please feel free to check out my web site and contact me if you wish to retain counsel.
It appears that the penalty for violating the New York City Department of Parks & Regulations is set forth in §1-07 which states as follows:
a. Any violation of these Rules other than Rule 1-04 (b)(1)(i) shall constitute a misdemeanor triable by the Criminal Court of the City of New York and punishable by not more than ninety days imprisonment or by a fine of not more than $1,000, or by both, in accordance with § 533(a)(9) of Chapter 21 of the New York City Charter.
b. Any violation of Rule 1-04 (b)(1)(i) shall constitute a misdemeanor triable by the Criminal Court of the City of New York and punishable by not more than one year imprisonment or by a fine of not more than $15,000, or both.
c. Any violation of these Rules shall also constitute a violation triable by the Environmental Control Board and punishable by a civil penalty of not more than $10,000, in accordance with §533(a)(9) of Chapter 21 of the New York City Charter.
Given that it appears that you have been charged with a misdemeanor and given the fact that you wisely wish to avoid a criminal conviction, I recommend that you exercise your right to an attorney and your right to remain silent. If you cannot afford an attorney, you should enter a plea of not guilty and request the court to appoint the public defender to represent you.
You almost certainly won't get a criminal record
From this, even through what you're charged with is a crime. You should get an acd- adjpirent
In contemplation of
Dismissal- which means stay put of trouble 6 mos and it's dismissed. I wouldn't take any sort of community
Service with this- what you gone thru already is harassment and punishment enough. You probably don't need to retain counsel for this, but it would make you more comfortable and demystify the process for
You.
Carlos GonzalezCriminal Defense AttorneyNew York, NY ·
This is a misdemeanor, and could lead to a criminal record. Our office regularly handles such cases, and with good representation you could expect a dismissal or adjournment in contemplation of dismissal, leaing to no record at all.
If you guys are interested in hiring an attorney to help tousle these cases contact us directly t 212-405-2234.