Littering violation sec 16 sub 118-4

What is the name of your state (only U.S. law)? NY kings county
I was issued a pink summons for a violation of littering Sec 16 sub 118-4
I was sitting in the legaly parked car when a police cruised double parked and an office asked me if it was my garbage bag underniese my car. I replied no. He examined the garbage bag. After taking my license he issued me a summons. I have no moving violations exept 3 seat belts and 3 cell phones on my record. I dont have a criminal record.
I have to appear in NY criminal court in January.
My Questions are:
1. What kind of an Attorney do I need to hire?
2.Will I have a criminal record if found guilty?
3.Can there be a plea and will it stay on my record?
4. What budget am I looking for to hire an Attorney in?
5. What kind of fine am i looking for if found guilty?
6 Can I bring a whitness?
Thanks in advance

The downside is that if you're ever drafted, you'll have to sit on the Group W bench for a while for them to decide whether if based on being a litterbug you're moral enough to be in the army to go kill people.

FlyingRon said:

The downside is that if you're ever drafted, you'll have to sit on the Group W bench for a while for them to decide whether if based on being a litterbug you're moral enough to be in the army to go kill people.

Click to expand...

Could you elaborate on that!

Sorry, child of the sixties. google Alice's Restaurant for details. It was a joke.

FlyingRon said:

Sorry, child of the sixties. google Alice's Restaurant for details. It was a joke.

Click to expand...

I dont get it. Was that your advice to this persons problem or what?

emach1 said:

I dont get it. Was that your advice to this persons problem or what?

Click to expand...

It was a joke....and a good one, if I do say so myself (also a child of the 60's).

1. Criminal defense.
2. No.
3. Maybe and maybe.
4. $200 to $100,000. Check his parking lot, if he has an old car he will cost more.
5. $500.
6. No. You can bring a witness though. If the witness is a friend or relative, his/her testimony won't help, the person will be considered a hostile witness against the prosecution.

PS. It will cost you a lot less to pay the fine and get on with your life.

Interesting.

NYCRR 16-118 said:

4. No one, being the owner, or in charge or in control of any vehicle,
or of any receptacle, shall litter, drop or spill, or permit to be
littered, dropped or spilled any dirt, sand, gravel, clay, loam, stone
or building rubbish, hay, straw, oats, sawdust, shavings or other light
materials of any sort, or manufacturing, trade or household waste,
refuse, rubbish of any sort, or ashes, manure, garbage, or other organic
refuse or other offensive matter, in or upon any street or public place.

Click to expand...

NYCRR 16-118 said:

8. Except for any violation of subparagraph one of paragraph b or
paragraph c of subdivision seven of this section by a person using or
operating a motor vehicle, or any violation of subparagraph two of
paragraph b of subdivision seven of this section, or any violation of
paragraph d of subdivision seven of this section, [highlight]the violation of any
provision of this section shall constitute an offense punishable by a
fine of not less than fifty dollars nor more than two hundred fifty
dollars, or by imprisonment not to exceed ten days or both[/highlight].

Click to expand...

I originally suspected this was a park ticket, but it turns out to be Sanitation. Either way, although it lists the criminal court as the location to go to, its actually going to be before the Environmental Control Board (ECB).

Why should you care? Because ECB tickets are like parking violations - they are the sole evidence used against you in court - the officer is not going to appear to testify against you. Because of that fact, the law requires them to be factually accurate. Certain mistakes and/or omissions should result in a dismissal. You can get more information about the process here:
http://www.nyc.gov/html/ecb/html/understand/understand.shtml
and here:
http://www.nyc.gov/html/ecb/html/respond/respond.shtml

Of course, that begs the question - what did the officer see in the bag that made him think it was yours?

emach1 said:

I dont get it. Was that your advice to this persons problem or what?

Click to expand...

Out of curiosity, what are you doing on this board? I've only read two of your posts, and both of them seem to be attacking senior members of this forum that are extremely knowledgeable and have helped quite a few people (in case you didn't catch that, "quite a few people" is a euphemism).

You Are Guilty said:

Interesting.


I originally suspected this was a park ticket, but it turns out to be Sanitation. Either way, although it lists the criminal court as the location to go to, its actually going to be before the Environmental Control Board (ECB).

Why should you care? Because ECB tickets are like parking violations - they are the sole evidence used against you in court - the officer is not going to appear to testify against you. Because of that fact, the law requires them to be factually accurate. Certain mistakes and/or omissions should result in a dismissal. You can get more information about the process here:
Understand a Violation - NYC Environmental Control Board
and here:
Respond to a Violation - NYC Environmental Control Board

Of course, that begs the question - what did the officer see in the bag that made him think it was yours?

Click to expand...

I would love you to be correct in this case. But the appearance adress clearly states a criminal court and the adress is different from ECBs. It states 346 Broadway in NYC as appearance adress. You must personaly appear to plead!
So how do I know that this is not a criminal offence?

racer72 said:

PS. It will cost you a lot less to pay the fine and get on with your life.

Click to expand...

I am not concerned about paying this summons. My time cost more than that. I am concerned that if I plead guilty I will have a CRIMINAL record.

Thoughts

You Are Guilty said:

Interesting.


Of course, that begs the question - what did the officer see in the bag that made him think it was yours?

Click to expand...

Funny enogh a Domino pizza bag with old pizza slices.....

your-optician said:

I am not concerned about paying this summons. My time cost more than that. I am concerned that if I plead guilty I will have a CRIMINAL record.

Click to expand...

Is there a phone number on the summons? Have you called and asked about this?

It's probably ECB because it's a Sanitation ticket written by a Parks or Sanitation officer. (I suppose if an NYPD officer wrote it, which while possible, is pretty rare, they might have it returnable in Crim court.)

Even if its in criminal court, you have two things to remember. First is that you can always show up to request an adjournment to get a lawyer. If you're nice, that's granted 99.99999% of the time (assuming they don't offer you a plea on the spot). Second, and more importantly, is that with "only" a potential max penalty of 10 days in jail, this would be a "violation" under the Penal Law (i.e. anything less than 15). Under the same law, violations are not "criminal offenses" - they are the same as getting a parking, speeding or drunk in public ticket.

So even if you pled guilty, you don't get a "criminal" record

Should i accept a plea ?
Will I be offered a plea on the first appearance? How can i be sure that there is no criminal record involved in the plea? Can I ask the judge?