Legal Question in Civil Rights Law in New York

Open Container NYC

I was watching a parade with a beverage in a brown paper bag. An undercover cop came up to me, flashed his badge, said give me your ID. I did, he said he would be right back. He came back 10-15 mins later and handed me a pink ''Criminal Court'' Summons. 10-125 2B. Description: ''Open alcoholic container in Public''. He said I need to appear in court or follow procedures on back. Then he walked away. (Literally that is all that occured with me: no signature, no other discussion.)

He never asked or saw what was in the bag. I have a friend who is a witness to this fact. (I could have been drinking IBC Root Beer.)

I do not want to pay any fines and have a record, but taking a day off of work (and traveling to NYC from PA) to fight the case would cost more than any fine. Probably same with hiring an Attorney? How much does it cost? If I can get an attorney to sit the case for less than $100 I'd rather do that than admit guilt.

Also... if I do end up pleading not guilty, and the judge asks ''What was in the bottle?'' -- can I plead 5th Amendment? AND, how long does the process take, would I be at the criminal court all day (it says to report to 346 Broadway at 9:00am 13Aug2004)?

Thanks!


Asked on 6/27/04, 11:02 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Open Container NYC

First things first, I doubt you will find a lawyer to appear on the matter for less than $100. (or even less than $200 for that matter).

Second if you have been handed a criminal summons to appear you need to appear personally whether you intend to fight the infraction or not, if you do not appear you are subject to contempt of court and could faced additional fines or jail time.

Third no judge is going to ask what was in the brown bag (but if he did you could of course invoke your reight against self-incrimination) all a judge is going to ask is if you plead guilty or not guilty. If guilty you will most likely receive a fine, if not guilty the judge will set a trial date to take place at a later time (not the same day). The entire appearance in front of the court will take less than 5 minutes although you may have to wait a while to get heard.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Read more
Answered on 6/28/04, 9:59 am


Related Questions & Answers

More Civil Rights Law questions and answers in New York