Citizen's arrest, court, road-raged driver NY

[CdwJava]

If this is a criminal charge that has the potential of jail time, you should either secure your own leal counsel, or, ask the court to appoint you counsel.

Do you know the statute number under which you have been charged? Is this a "Violation" or a misdemeanor?

While it may be common that these matters of mutual fingerpointing are disposed of at court, it may not be. This is why you need to be consulting an attorney.

Next time, I would recommend that you not block a parking aisle for 5+ minutes. I tend to park on the back side of a lot and walk - fewer people ticked off, and I can always use the exercise.

 

[stealth2]

I can't even fathom sitting and waiting for 5+ minutes for a parking spot. Not even at the holidays.

At the end of the day, though, there was a mutual confrontation where BOTH of you apparently went after the other physically. You really should consier speaking with an attorney - you'd be foolish not to.

 

[eerelations]

OP if your real name is the same as your username here, please understand that everything you post here can be found by anyone with access to google, and may then be used against you in court.

 

[HighwayMan]

Your first court appearance is not an "appearance ticket". That makes no sense. The first time you appear in court it is to be arraigned.

I would assume your appearance is at the Nassau County First District Court? Or is it at a local court?

Certainly an attorney would not hurt - I don't know how difficult it would be to get court-appointed counsel for a minor charge such as this. I wouldn't count on it right now.If I was you I would check with a few attorneys who provide free consultations.

This is certainly not the case of the century - it is a violation.

Were you arrested and brought to the precinct or just given an appearance ticket right there on the spot?

 

[>Charlotte<]

If you are sitting in your car she wouldn't know how big...or small, you are. She just knew you sat for at least 5 min's blocking traffic waiting for a space. Perhaps that a NY "thing".

Not that it really matters as far as OP's legal issue is concerned, but I don't think she was actually blocking traffic.

 

[HighwayMan]

As information, the officers could not arrest you or the other driver or take any other enforcement action. At most this was a harassment which is a Penal Law violation, and unless the offense occurred in the presence of the officers nothing much can be done.

It's strange that they offered a citizen's arrest option - I've never heard of the police doing that.

For your information you can get in quite a bit of trouble in situations like these - the standard of proof for a citizen's arrest is higher than it is for a police officer making an arrest, i.e. it is "in fact committed" and not "probable cause". In your case there is a cross complaint so I don't see any issues here, but you'd be better off leaving well enough alone next time.

 

[CdwJava]

I can't even fathom sitting and waiting for 5+ minutes for a parking spot. Not even at the holidays.

I avoid malls religiously from Black Friday through December 27th. I'd rather pull my teeth out with rusty pliers than go anywhere near a mall on most days ... during Christmas, I'd just as soon work overtime every day just to pay for the cost of my wife's trips there!

 

[TigerD]

I avoid malls religiously from Black Friday through December 27th. I'd rather pull my teeth out with rusty pliers than go anywhere near a mall on most days ... during Christmas, I'd just as soon work overtime every day just to pay for the cost of my wife's trips there!

I like to goto the mall early in Christmas season, get a great parking spot and then sit there all day in reverse.

TD

 

[FlyingRon]

Not that it really matters as far as OP's legal issue is concerned, but I don't think she was actually blocking traffic.

Well it was a mall. If it had been the street it would clearly be a violation. You don't get to wait for a parking space even if the person is in the process of pulling out.

 

[Katemorgan]

If this is a criminal charge that has the potential of jail time, you should either secure your own leal counsel, or, ask the court to appoint you counsel.

Do you know the statute number under which you have been charged? Is this a "Violation" or a misdemeanor?

While it may be common that these matters of mutual fingerpointing are disposed of at court, it may not be. This is why you need to be consulting an attorney.

Next time, I would recommend that you not block a parking aisle for 5+ minutes. I tend to park on the back side of a lot and walk - fewer people ticked off, and I can always use the exercise.

Okay thank you I will call someone between today and Monday. My court date is at the End of the month. It was a lot of room to go around, and the car right before her did in fact do that without honking. And the cars could also see that the person was putting in a ton of things and had small children. Unfortunately I had no choice but to wait after circling for about 15/20 minutes. And this is the first time I ever parked fairly close, I normally do the same and park in the back, Not sure what was going on that day because everything was taken. I promised my student a pretzel, yikes, wish I would've gone another time. It says harassment in second degree

 

[Katemorgan]

OP if your real name is the same as your username here, please understand that everything you post here can be found by anyone with access to google, and may then be used against you in court.

Thank you no it is not my name. My grandmother in England is the only one that called me kate (she had too many grandchildren so everyone was given names) and morgan was my favorite name based on something I read 4 years ago (high school). It was an optional reading of morgan bible, I never told anyone. Thank you again.

 

[Katemorgan]

I avoid malls religiously from Black Friday through December 27th. I'd rather pull my teeth out with rusty pliers than go anywhere near a mall on most days ... during Christmas, I'd just as soon work overtime every day just to pay for the cost of my wife's trips there!

I agree, I shop online all the time. I know you have to be careful buying online but I feel okay about it. Everyone gets their gifts sent to their home or mine lol

 

[Silverplum]

Now I feel sorry for the real women with the username you picked.

 

[Katemorgan]

As information, the officers could not arrest you or the other driver or take any other enforcement action. At most this was a harassment which is a Penal Law violation, and unless the offense occurred in the presence of the officers nothing much can be done.

It's strange that they offered a citizen's arrest option - I've never heard of the police doing that.

For your information you can get in quite a bit of trouble in situations like these - the standard of proof for a citizen's arrest is higher than it is for a police officer making an arrest, i.e. it is "in fact committed" and not "probable cause". In your case there is a cross complaint so I don't see any issues here, but you'd be better off leaving well enough alone next time.

That makes sense, she did in fact smack me. I should've called my pastor right then and there but I assumed the police would help. It's weird, a couple people came out of Bloomingdales but it seems they didn't know what was going on. I think the children in the ladies car were more frightened than I was, the daughter had tears running down her face and the infant in the back seat started crying hysterically after about 5 minutes. I will leave it alone next time. In fact my AC will always be on lol. Or maybe I should drive my dads suv from now on so that no one can tell my size from my small 2 door car

 

[Katemorgan]

Now I feel sorry for the real women with the username you picked.

oh no, is it a very common name or something? I really love the name kate because after my grandmother passed no one called me that that's the main reason I used it. And Morgan Bible is just such an awesome read, I feel bad for them too . Next time I will only use initial's of my favourite names