Arrested for Using My Father's Senior MetroCard on NYC Subway

[oceandrive1412]

What is the name of your state? New York.

I was arrested using a senior MetroCard (my father's) entering NYC Subway. I have never been in trouble before of any kind. I was charged with Theft of Services (highest charge on my Desk Appearance Ticket) but I think there may be other charges. I was never actually informed of my charges as the officer seemed to talk w/ other officers about what to charge me with but never told me. It was a very confusing event (not to mention stressful).

The arresting officer told me that "I don't need a lawyer" and "the judge will be hard on me if I have a lawyer, thinking I'm rich." Another officer who took my finger prints told me "I would get off with a fine" and could "hide" my record in six months. I'm very confused as it looks like I'm being charged with a misdemeanor that you can't "seal" under New York State Law. I'm assumming the officer thought I would get my charges reduced to a violation or receive an ACD?

I assume I should get a lawyer to at least consult with? I just finished graduate school, have a full-time job in finance and cannot have anything on my permanent record. What type of experience should I ask for in my lawyer? Does anyone have any knowledge about this offense and if this can be ACD'd? I am willing to do any community service and pay whatever fine/back fee, etc., to MTA not to have this on my perm. record! Does anyone have any idea if this case can be ACD'd or handled out of court?

[Shay-Pari'e]

If you were finger printed for this, there is way more to this story.

Dude, you actually thought it was a coupon? It is theft, but your educated mind knew this.

[rlrl]

in 6 months he may have been loosely referring to an ACD . which the case usually stays open for 6 months during which time the DA can have the option of bringing charges against you. usually if you stay out of trouble and comply with whatever the court says they will seal it under 160.50 under the NY CPL (criminal records and court records sealed). But it's not the police who seal it, it's the judge.

if your case ended in a violation(160.55) your criminal records would be sealed (prints, DA, police records, prints recalled from FBI) but your court record would be unsealed

[rlrl]

with a misdemeanor but it doesn/t necessarily mean you will be convicted of it. If you pled guilty to a violation(depends on your prior record and the evidence against you) you may sentenced to a conditional discharge which usually takes 12 months before your criminal records get sealed

[yellow123]

i was wondering so whatever did end up happening? did you hire a lawyer or did you appear at the DAT hearing on your own?
did you end up getting fined? what was the outcome?
i know someone in a similar situation and it would help knowing what to expect. the DAT hearing is in a couple of weeks. it is nerve wrecking.

[Antigone*of*Greece]

Originally Posted by yellow123

i was wondering so whatever did end up happening? did you hire a lawyer or did you appear at the DAT hearing on your own?
did you end up getting fined? what was the outcome?
i know someone in a similar situation and it would help knowing what to expect. the DAT hearing is in a couple of weeks. it is nerve wrecking.

The poster is sitting in a hard-labor camp and will be there for the rest of his life

Don't necropost!!!