• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Pink Summons trespassing 140.05 and public exposure 245.01

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

addydrago

Junior Member
What is the name of your state (only U.S. law)? New York

I was handed two pink summons today for trespassing 140.05 and public exposure 245.01 at a movie parking lot and I wanted to know if I needed a lawyer to prevent any sort of criminal record.

I finished watching a movie with my GF which started at 11:15am and ended at 1:10pm. I went back to the car with her and we started to have sex in the back seat. After about 5 minutes we saw an officer coming and we quickly got dressed before he came by the window. He asked for my ID and my GF's ID and he gave us two pink summons at 1:30pm. I want to know if I need to hire a lawyer for this because both me and my girlfriend are applying to professional school and we don't want this on our record. I want to know if we can get away and pay a fine if we plead guilty to both pink summons. We talked with a lawyer and he scared us by talking about criminal records and wants us to pay him $750 to get this case settled without a criminal record. Any advice on how I should proceed?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? New York

I was handed two pink summons today for trespassing 140.05 and public exposure 245.01 at a movie parking lot and I wanted to know if I needed a lawyer to prevent any sort of criminal record.

I finished watching a movie with my GF which started at 11:15am and ended at 1:10pm. I went back to the car with her and we started to have sex in the back seat. After about 5 minutes we saw an officer coming and we quickly got dressed before he came by the window. He asked for my ID and my GF's ID and he gave us two pink summons at 1:30pm. I want to know if I need to hire a lawyer for this because both me and my girlfriend are applying to professional school and we don't want this on our record. I want to know if we can get away and pay a fine if we plead guilty to both pink summons. We talked with a lawyer and he scared us by talking about criminal records and wants us to pay him $750 to get this case settled without a criminal record. Any advice on how I should proceed?
Which movie did you see?


;)
 

OHRoadwarrior

Senior Member
You have the right to not self incriminate yourselves. You both need a lawyer and 2 not guilty pleas. Apparently, the only thing the officer can testify to is you were in a parking lot after the movie sitting and making out. No crime there.
 

quincy

Senior Member
You have the right to not self incriminate yourselves. You both need a lawyer and 2 not guilty pleas. Apparently, the only thing the officer can testify to is you were in a parking lot after the movie sitting and making out. No crime there.
Unless, of course, someone reported the backseat sex to the police - which sounds more likely than an officer just happening to wander by.

addydrago, you and your girlfriend should each consult with an attorney.
 

addydrago

Junior Member
Unless, of course, someone reported the backseat sex to the police - which sounds more likely than an officer just happening to wander by.

addydrago, you and your girlfriend should each consult with an attorney.
I can pretty much assure that this wasn't the case since it was literally 5 minutes after we got in the backseat that the officers pulled up behind us.

Since they are both violations and I won't have a criminal record, what exactly are the positives of hiring a lawyer and paying an extra $700.
 

TheGeekess

Keeper of the Kraken
I can pretty much assure that this wasn't the case since it was literally 5 minutes after we got in the backseat that the officers pulled up behind us.

Since they are both violations and I won't have a criminal record, what exactly are the positives of hiring a lawyer and paying an extra $700.
Possibly not ending up with a criminal record and all that entails. :cool:
 
Security/police just doesn't walk up to a car and cite you for public exposure. Someone saw you going at it and called them. That someone may or may not want to testify.

If you just want to accept the charges, then you prob.can do it on your own
However, you may want to contest this, and you will need a lawyer.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? New York

I was handed two pink summons today for trespassing 140.05 and public exposure 245.01 at a movie parking lot ...
... I want to know if I need to hire a lawyer for this because both me and my girlfriend are applying to professional school and we don't want this on our record. I want to know if we can get away and pay a fine if we plead guilty to both pink summons. We talked with a lawyer and he scared us by talking about criminal records and wants us to pay him $750 to get this case settled without a criminal record. Any advice on how I should proceed?
How to proceed is ultimately up to you.

If you want to fight the Trespass charge ($250 maximum fine/possible jail time), you might want to consult with an attorney. It seems an odd ticket to receive if, as you say, you were only in your car for 5 minutes after the movie ended. Was it a movie theater parking lot?

If it cannot be shown that you knew you were on private, not public, property, the ticket might be dismissed. If you were parked next to a "Private Property" sign, however, it might be harder to fight. Being able to produce the movie tickets, showing you were on the property legally, on the other hand, may make it easier to fight.

If you want to argue the Exposure ticket (which, like the Trespass ticket, could potentially cost you $250 and result in an unlikely 15 days in jail), you might want to consult with an attorney. I tend to believe, as betachains does, that either someone reported you to the police or the officer saw more than what you think he saw, hence the issuance of the ticket. But I suppose there is a chance that the ticket could be dismissed.

Because both of your ticketed offenses are violations in New York and not crimes, they will not be reported as part of your criminal history and should not appear on the typical criminal history background check report. That is not to say that there will not be a record of the tickets you received.

But, sure, you and your girlfriend can pay your fines, do the jail time (if ordered, which, again, is unlikely) and be done with it.

It is too bad the attorney you spoke with scared you, but what you did was incredibly stupid and could potentially have led to more serious misdemeanor charges. A parking lot at a movie theater after a movie has just ended? Just not smart.

Like Silverplum, I am a bit curious what movie it was that you saw.
 
Last edited:

HighwayMan

Super Secret Senior Member
Because both of your ticketed offenses are violations in New York and not crimes, they will not be reported as part of your criminal history...
Absolutely wrong. Criminal violations are part of a criminal history. It does not have to be a misdemeanor or a felony in order to appear.
 

quincy

Senior Member
Absolutely wrong. Criminal violations are part of a criminal history. It does not have to be a misdemeanor or a felony in order to appear.
The New York Office of Court Administration says that the type of violations addydrago received will NO LONGER be recorded as part of the criminal history summary provided for background checks, just as traffic violations are not reported in the criminal history summary. Only misdemeanors and felonies will be reported.

This is not to say that there is not a record of the offenses, however, just as there is a record of traffic offenses. Because there is. These are just not reported as part of a person's criminal history.

I am not sure if the following are the correct sections (I'll verify later), but I think you can refer to Section 70.15 and 80.05 of the New York penal law? Again, I will verify this later.
 
Last edited:

You Are Guilty

Senior Member
The New York Office of Court Administration says that the type of violations addydrago received will NO LONGER be recorded as part of the criminal history summary provided for background checks, just as traffic violations are not reported in the criminal history summary. Only misdemeanors and felonies will be reported.

This is not to say that there is not a record of the offenses, however, just as there is a record of traffic offenses. Because there is. These are just not reported as part of a person's criminal history.

I am not sure if the following are the correct sections (I'll verify later), but I think you can refer to Section 70.15 and 80.05 of the New York penal law? Again, I will verify this later.
For employment purposes, you are correct and they are not "crimes" that need to be reported. But for law enforcement purposes, there is a record of these incidents. And if one were to say, apply to the FBI and fail to disclose their existence, one could easily surmise the result.

And from a practical standpoint, it sounds like the OP "got off" light. To a random outsider, having to pay $XYZ to a lawyer for their "mistake" (of boning, in broad daylight, in a car in a crowded parking lot) seems like an eminently fair result.
 
Upon further reflection, I think it is in your best interest to fight at least the exposure violation. Sounds like both you and the girlfriend want to embark on careers requiring state licensure.

A ticket for Public Exposure will need some explaining. Many people may think that you were flashing your junk in a park, and won't want to spend a lot of time to get details.

Spend money now to get good legal help. It will likely save you headaches (and much more money) years from now.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top