Quote:
Originally Posted by whoosis  What is the name of your state (only U.S. law)? NY
Hello, I was issued a pink summons/ticket in New York City's Washington Square Park two months ago, for being in the park after closing time (I didn't realize the park ever closed -- there was no sign at the entrance I entered).
I found it online under Rules of the City of New York, 56 RCNY 1-03(c)(2):
Failure to comply with directions/prohibitions on signs.
I have to go to Criminal Court tomorrow because I pled not guilty when I first went to the Court two month ago. My question is - Is this offense a misdemeanor, or just a "violation"? I am worried about having a criminal record for something so ridiculous. I have never had any experience with "criminal court" and have no idea what to expect. I really don't care about paying the fine, as I WAS in the park after closing time, regardless of whether I think the ticket was reasonable. I am just worried about my record and unsure what I should do. Thanks for any help anyone can give. |
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Originally Posted by RCNY §1-07 Penalties.
(a) Any violation of these Rules other than Rule 1-04(b)(1)(a) 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)(a) 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. |
Interesting. It appears it is
both a misdemeanor and a violation, depending on where it is tried. Since you are not before the ECB though, this would appear to be a misdemeanor. It does seem a bit disproportionate to the "crime" though, which leads me to suspect that you should be able to get a pretty decent plea deal, particularly if your record is clean.
Ideally, you should retain a criminal defense lawyer, as you do (potentially, although unlikely) face a three months of jail time. If I had to guess though, if you were to explain the facts, explain your job requirements, and politely ask for an "ACD", you have a good shot at getting it.
Of course, if you don't, please remember that I advised you to retain a lawyer before you come back to complain (assuming your jail has internet access
).
10-22-2009, 06:31 PM
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