Help Park after dusk

[Miscd]

New York

I was in a park parking lot after dusk in my friends car with 2 other people including the driver. We didn't know we couldn't be there after dusk, got stopped by police and were given summons' except for the driver who got nothing. Now should I plead guilty to being in a park after dusk summons or something else because I don't want a record?

 

[LdiJ]

New York

I was in a park parking lot after dusk in my friends car with 2 other people including the driver. We didn't know we couldn't be there after dusk, got stopped by police and were given summons' except for the driver who got nothing. Now should I plead guilty to being in a park after dusk summons or something else because I don't want a record?

I hardly think that a ticket for being in a park after dusk is going to cause you to have a "record" that would do you any damage. That generally wouldn't be anything that anyone would particularly care about.

 

[HighwayMan]

I'll assume this was New York City.

Where do you have to appear in court? What type of summons did you receive? One for criminal court or one for the Environmental Control Board?

 

[Miscd]

Yes it was New York City sorry for not mentioning it before. Also it is for Criminal Court.

 

[HighwayMan]

Something like this may very well show up on a criminal history if you simply enter a guilty plea. It would probably show as a "local law violation" without any specifics.

I would go the "not guilty" route and appear in court. If you end up pleading guilty to anything make sure you keep any disposition paperwork from the court when the case concludes.

Depending on what field you work in or may end up working in, you may need to explain what happened to a prospective employer.

Which court did the summons get returned to? 346 Broadway or another?

 

[Miscd]

It says I have to appear at Queens Criminal Court in Kew Gardens.

 

[HighwayMan]

That's a pretty busy court, but some of the judicial hearing officers are pretty lenient.

Dress nicely when you appear and respectfully ask the judge for an ACD after explaining that you had made a mistake. Since you weren't operating the car maybe you can just tell the judge that and it may work in your favor. Be respectful and humble.

An ACD means that if you don't get charged with anything new within six months the original charge will go away as if it never happened.

 

[Miscd]

Is an ACD something that the judge will most likely agree to giving me?

 

[HighwayMan]

That's up to the judge. If you're smart enough to ask for it you may very well get it. It is certainly not uncommon.

 

[Miscd]

I know this is a bit late but do you know any reason why the driver of the vehicle we were in didn't get a summons?

 

[HighwayMan]

I have no idea. There is no legal reason which would have prevented him from being charged as everyone else was.

I don't know what was going through the issuing officer's mind. Could be he lost track of what he wrote to whom and just forgot. I've seen stranger things happen.