NYC 10-133 Summons - Should I Mail In My Summons With "Not Guilty," Plea Or Not??

[solennel]

NYC 10-133 Summons - Should I Mail In My Summons With "Not Guilty," Plea Or Not??

What is the name of your state (only U.S. law)? Delaware, but summons was given in New York (NYC)

My apologies, but this is a time critical issue!!

I was issued a summons this weekend in NYC for having a pocket knife on my person. I was neither behaving in a manner that would bring attention to myself, nor was my pocket knife in view (that I'm aware of) or use, but was pulled aside by NYPD officers, my pocket knife confiscated, and issued a summons.

Admittedly, I was ignorant of local law and had no idea I couldn't have such an article on my person. Furthermore, the blade of the knife was 2.5" - under the 4" that I have read about the laws concerning knives (which are really confusing, regardless - IMHO), and is not a "gravity knife," either.

I'm confused as to whether I should be mailing in the summons with a "not guilty," plea, or just holding onto it (guilty) and appearing on the appointed court date.

I don't know of any lawyers in NYC that can help me out with such info at such short notice. All I really need to know at this moment is whether I should even bother mailing the summons, or just proceed as if I am guilty of the offense.

Unfortunately, I only have until a certain time tomorrow (3/09/10) to mail it (apparently a not guilt plea on a summons must be mailed w/in 48 hours).

 

[You Are Guilty]

No one here can "tell" you what to do, but if you plead guilty, you waive any chance at a plea bargain, whereas if you plea not guilty, you still might have a shot at one.

Not to mention, some offenses you can't plead guilty to via mail, so you may not even have the option to do so here.

Good luck.

 

[solennel]

No one here can "tell" you what to do, but if you plead guilty, you waive any chance at a plea bargain, whereas if you plea not guilty, you still might have a shot at one.

Not to mention, some offenses you can't plead guilty to via mail, so you may not even have the option to do so here.

Good luck.

Right. I was just looking for an idea of how to proceed, considering I had none!

I did end up mailing it in under a "not guilty," plea, with the same idea (that there might be a plea bargain later on).

Thankfully this is a 10-133 (c), so not as serious as it could be (or so I'm being lead to believe), but still no laughing matter, IMHO.

 

[You Are Guilty]

You may have some sort of defense if the way the knife was discovered was an unlawful search. Why were you "pulled aside" from NYPD and more importantly, why were they looking in your pockets after they did so?

 

[solennel]

You may have some sort of defense if the way the knife was discovered was an unlawful search. Why were you "pulled aside" from NYPD and more importantly, why were they looking in your pockets after they did so?

I really have no idea. I was standing about, tourist-like (as I was one) when I was walked up to, and the knife was pulled from my pocket without warning. I suspect, as it wasn't explained to me how or why, that when I was shielding my eyes from the sun, perhaps the clip of the pocket knife was visible (it was a folding clip-on). Not sure if that can put me in the wrong, even though the knife was still contained within my clothing. But in general, having hands put on me and something taken without being informed of such is a little alarming. Admittedly, I was like a fish out of water - that bewildered. No weird behavior or reactions, though. I was super compliant and polite.

Also strange to me, but I was never showed the summons until it was handed to me and I was sent on my way. The issuing officer has written "refused," on the line where I'd sign for receipt of the summons (or not sign, if I didn't want to) - and at no time was I given an option to sign it - didn't even know I'd be getting one.

All in all, I suppose it could be worse? However, I still feel the situation was handled a little over zealously from the start...

 

[You Are Guilty]

Oh it could have been a lot worse - google "Amadou Diallo". If the officer was able to pull the knife directly from your pocket without your help, it's fairly clear that the knife was visible to the officer. And since the police do no need any special level of proof when something is in "plain sight", it does not sound like you have a particularly good chance of an outright dismissal.

If your record is clean, ask for an ACD. Read up about them here:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Click "Criminal Procedure Laws"
Click "170.55" and "210.47"