What should i expect to happen when i go to court? At Park After Hours.

Criminal Defense 2 views 3 answers
My friends and I were in the park after it closed so we were given a pink summons in violation of Sec1.03 (not clear) subA1. The officer told us to appear in court and since it was my first violation (dont have prior criminal record either) nothing serious would happen. We're to apear at 346 Broadway and was told that asking for ACD is a good idea. What will happen once i appear in court? I have never been to court before and I'm a bit nervous. Will there be a long line? Will we all be sitting in a room until they call our name? or do they assign each person a number? I'd appreciate a step by step process of what ill have to go through that day, please. Also the police officer got my DOB and part of my address wrong. Should i tell the judge once im inside? Or just let her notice it?Thanks

Attorney Answers

3
Benjamin Lieberman ·
The DOB being wrong is really a non issue. Here is your step by step process. You should get there early I mean very early. The summons says to be there by 9:30 Im suggesting that you be there by 8:30. The line to get into the building is very very long. Once you are inside you will go up a flight of stairs to the main floor. You will be directed to a large room on the left. There too you will encounter a long line (unless you get there early). You will come up to a window and give them a copy of your summons. They will then tell you which courtroom to go to. It will be down the hall. When you get to the courtroom the court officer will ask you for your name/paperwork. Cases usually get called on a first come first served basis (with an exception of private attorneys and officers who appeared for trial being given preference). When your case gets called things will move pretty quickly. There will be an attorney standing at the podium to represent you. S/he will ask you if you want to plead guilty to the charge and pay the reduced fine or f you want to come back for a trial date. Don’t feel intimidated or pressured and feel free to ask the attorney to request the ACD. You should recognize that 366 Broadway is a money making operation for NYC and ACD aren’t generally given (especially on a non criminal charge) because the city wants your money. If the judge gives it great, if not the decision will be yours if you want to plead for the reduced fine or if you want to fight it. If you want to fight it you would have to come back on another date. If you take the plea you will have to pay the fine. Keep in mind that being in the park after dark/closing is a non criminal charge and you will not have a criminal record if you plead to it or are found guilty. Note: because you didn’t say what the charge is I should caution you that if you are charged with Trespass that is a criminal charge and if you plead to it or are found guilty of it, it will cause you to have a permanent criminal record that will follow you for life (NY does not expunge criminal records). Make certain that your attorney tells you what you are being charged with (administrative code or penal code). Good Luck!
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Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
You are charged under Park Rules and Regulations § 1-03, which is an unclassified misdemeanor. Pleading or being found guilty to this charge would result in a permanent criminal record that could not be erased or expunged. My guess is that you have to go to Queens Blvd and not 346 Broadway. I have handled a number of these cases for clients there. They were either dismissed as being facially insufficient, received an ACD or one client had to pay a $20 fine. I cant speak for what the results may be with a public defender but make sure whatever you do, you don't plead guilty to the charge - it is a crime! Richard Southard 212-385-8600 I am a former prosecutor with over 15 years experience specializing in criminal law cases.
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Eric Rothstein ·
All charges in a NYC park are misdemeanors per the Parks rules. 346 Broadway is a very slow moving place for people who do not hire their own lawyers. I appear there on a regular basis and if you hire an attorney, you don't need to appear. If you don't want to hire an attorney, bring a book. The date of birth being wrong is not a defense.
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