Pink Summons/Not Sure Of The Charge

[heliospan1676]

What is the name of your state? New York

So I got the dreaded Pink Summons to appear in court. I was sitting at a LIRR train station without a ticket (didn't know I had to have one to sit there, I was gonna get it on the train). But anyhow, that's beside the point. The cop wrote Trespass as the offense but then also wrote 140.15 as the Penal Code section. Now I'm wondering if I need a lawyer or not for this. If it was just Trespass (which is a violation) I would just let that slide and pay whatever fine since a violation doesn't really show up on your criminal record per se. But 140.15 is Criminal Trespass which is a class A misdemeanor (and specifically it's Criminal Trespassing in a dwelling, when I was actually at a train station Penal Code 140.10).

So, I'm sort of confused. Did he mean to give me a violation or a lesser misdemeanor (which would be more accurate)? Also, what are my options to have this resolved without getting a record? I have a clean record until this.

[FlyingRon]

You think things are going to be any different now than when you asked this question a month and a half ago?

[heliospan1676]

Originally Posted by FlyingRon

You think things are going to be any different now than when you asked this question a month and a half ago?

I'm just looking for a definitive answer to a question. I was so flustered last time I asked I don't think I got my question across.

Simply put, the officer wrote Trespass as the description of the offense (Not Criminal Trespass in the nth degree). But the penal section he wrote doesn't match up with the description nor is it accurate since I wasn't in a dwelling house. So is this just a Trespass violation he's charging or did he mean a lesser Trespass misdemeanor like 140.10 (he wrote 140.15).

Just to be clear Trespass is a violation (140.05), Criminal Trespass in the 3rd degree is a class B misdemeanor (140.10) and Criminal Trespass in the 2nd degree is a class A misdemeanor (140.15).

Personally I'm thinking he meant to write 140.05 (since that matches the description on the summons) but wrote 140.15 as a personal error, but I'd like a professional opinion. No I'm not trying to get off on a technicality, just want to know what the charge is.

[Ohiogal]

The answer is yes....




What the hell was the question?