Disobeying Park Sign (Sec:1-03 Sub:C2)

[xylene]

Can I request to reschedule the hearing (get a lawyer) if the judge insists on "guilty" ?

How should I best present my case in front of the judge ? Can I insist on ACD/discon ?

Thanks for your advices.

You 'insist' on your plea, not the judge.

 

[You Are Guilty]

Can I request to reschedule the hearing (get a lawyer) if the judge insists on "guilty" ?

You can certainly try. Most, (but likely not all) judges will permit such a request.

How should I best present my case in front of the judge ? Can I insist on ACD/discon ?

Something like, "Your Honor, I plead not guilty, because I did not know about the early closure rules. As you can see in these photos I took of the signage and the general area, the sign is not/barely/sorta visible at XX time of night, and located in an area one would not normally be looking in for signage. As a result, I could not know of the closure."

If you have the opportunity to speak to the prosecutor (ADA most likely), before the case is called, then you make the same pitch, but end with a "My record is clean, but rather than fight this, I would be willing to accept an ACD [or whatever other deal you would want]".

Good luck.

 

[HighwayMan]

Check the original post - it's apparently returnable in AR6.

That's my point. The criminal summons should not have been issued. NYPD doesn't bother to train its members on things like this and it annoys the hell out of me.

The offense falls under the jurisdiction of the ECB. A criminal court judge may OR may not toss the charge although it really should be dismissed since it's a civil violation.

I wouldn't advise arguing that in court unless you have some experience or have an attorney, but it may be worth a try to raise the issue before asking for an ACD.

 

[You Are Guilty]

I don't disagree that ECB would be a more sensible venue, but under 1-07 of the Park Rules, there is the Crim Ct option:

Penalties

Any violation of these Rules other than Rule 1-04 (b)(1)(i) shall constitute a misdemeanor triable by the Criminal Court of the City of New York and punishable by not more than ninety days imprisonment or by a fine of not more than $1,000, or by both, in accordance with § 533(a)(9) of Chapter 21 of the New York City Charter.

Any violation of Rule 1-04 (b)(1)(i) shall constitute a misdemeanor triable by the Criminal Court of the City of New York and punishable by not more than one year imprisonment or by a fine of not more than $15,000, or both.

Any violation of these Rules shall also constitute a violation triable by the Environmental Control Board and punishable by a civil penalty of not more than $10,000, in accordance with §533(a)(9) of Chapter 21 of the New York City Charter.

But if I had to guess, I think there is a better chance of getting it dismissed in Crim Ct than before the ECB.

 

[HighwayMan]

But if I had to guess, I think there is a better chance of getting it dismissed in Crim Ct than before the ECB.

That goes without saying!

 

[abc_bed]

Hello,

The case was dismissed. Thanks everybody for your help.

 

[You Are Guilty]

Hello,

The case was dismissed. Thanks everybody for your help.

Congrats! What actually happened?