What is the best way to handle the court appearance for NYC violation 65c?

[JJS]

My 19 year old son got a summons for violating NYC statute 65c underage person in possible possession of alcohol with intent to consume. Police raided the bar he and some friends were in, and led them out and gave them summonses. My son was holding an empty cup and an empty pitcher when the police came in, which he set down when they led the group out. My question is should he plead guilty and try to negotiate the charge, or plead not guilty and go to trial? My son is not trying to deny what he did, he just wants to make sure there are no long reaching consequences for this foolish lack of judgement.

 

[Just Blue]

My 19 year old son got a summons for violating NYC statute 65c underage person in possible possession of alcohol with intent to consume. Police raided the bar he and some friends were in, and led them out and gave them summonses. My son was holding an empty cup and an empty pitcher when the police came in, which he set down when they led the group out. My question is should he plead guilty and try to negotiate the charge, or plead not guilty and go to trial? My son is not trying to deny what he did, he just wants to make sure there are no long reaching consequences for this foolish lack of judgement.

The 19 year old should deal with his own legal issues.

 

[FlyingRon]

One should never plead other than NOT GUILTY unless one has counsel as to the implications of doing so. Generally, you plead guilty, it's over. There's no plea such as "guilty...but." ACD might be an option for him.

 

[JJS]

He is planning on dealing with this, he is just looking for some advice so he does not do something to make matters worse. His "friends" are telling him they would plead not guilty so as to go before a judge and count on dismissal due to the likelihood of the officer not showing up on the court date. He doubts the validity of this advice. He is asking for my advice because I am his father and he respects and trusts me. I'm not educated on legal issues, so I am looking for solid advice from people who are. When you say ADC, do you mean the process where he pleads guilty and the court official offers a solution such as a fine, or a probation period, or community service? This is what the officer told him at the time of the incident. My son just wants to know the correct procedure for doing this so he does not make a costly mistake.

 

[xylene]

Police officers lie. They are not your legal advisors, they are your legal adversary.

If you want to help your son, loan him money for a lawyer to give proper advice.

If that is not an option, he should plead not guilty and appear as his friends are sensibly doing.

 

[quincy]

My 19 year old son got a summons for violating NYC statute 65c underage person in possible possession of alcohol with intent to consume. Police raided the bar he and some friends were in, and led them out and gave them summonses. My son was holding an empty cup and an empty pitcher when the police came in, which he set down when they led the group out. My question is should he plead guilty and try to negotiate the charge, or plead not guilty and go to trial? My son is not trying to deny what he did, he just wants to make sure there are no long reaching consequences for this foolish lack of judgement.

The good news for your son is that a violation of New York's statute 65c is a civil offense and not a criminal offense. Your son is subject to fines (up to $50), possible alcohol awareness classes, and community service (up to 30 hours).

Here is a link to the law (scroll to 65c): http://ypdcrime.com/abc/article5.htm

There should be no long-reaching consequences for your son's "foolish lack of judgment" as long as he appears in court on his scheduled hearing date. Your son will not need an attorney but it never hurts (other than financially) to consult with one prior to the hearing.

 

[HighwayMan]

Your son isn't charged with a NYC statute - 65c falls under the New York State Alcoholic Beverage Control law.

Which borough did this occur in?

 

[quincy]

Your son isn't charged with a NYC statute - 65c falls under the New York State Alcoholic Beverage Control law.

Which borough did this occur in?

I am curious, HighwayMan. Does the borough matter for a violation under New York's ABC law? The possible penalty for a violation seems pretty clear.

 

[HighwayMan]

NYC is like five different cities with it's five District Attorneys. The courts also vary.

I wasn't so much looking at the maximum penalties as I was the leniency that may be shown.

Two boroughs, Manhattan and Brooklyn, have "community courts" which hear cases depending upon the location of the offense. They tend to be much more lenient, especially when it comes to offenses such as these.

 

[quincy]

NYC is like five different cities with it's five District Attorneys. The courts also vary.

I wasn't so much looking at the maximum penalties as I was the leniency that may be shown.

Two boroughs, Manhattan and Brooklyn, have "community courts" which hear cases depending upon the location of the offense. They tend to be much more lenient, especially when it comes to offenses such as these.

Ah. Thanks for the explanation, HighwayMan. I figured it might be something like that.

 

[FlyingRon]

Quincy, each borough (which is actually a division of the city) is also a distinct county (a division of the state).

Manhattan is New York County
Brooklyn is Kings County
Staten Island is Richmond County
The Bronx is Bronx County
and oddly enough
Queens is Queens County.

If you think "county" versus "borough" you may have a better frame of mind as to what is going on. The courts belong to the counties.

 

[HighwayMan]

In many instances, particular statutes or sections of law consider New York City to be a single county, however not when it comes to the courts.

 

[quincy]

Quincy, each borough (which is actually a division of the city) is also a distinct county (a division of the state).

Manhattan is New York County
Brooklyn is Kings County
Staten Island is Richmond County
The Bronx is Bronx County
and oddly enough
Queens is Queens County.

If you think "county" versus "borough" you may have a better frame of mind as to what is going on. The courts belong to the counties.

Yes. That helps. Thanks, FlyingRon and HighwayMan.

I think You Are Guilty tried to explain New York City to me once, too (but apparently I wasn't listening very well ).