Legal Question in Criminal Law in New York

How to avoid a misdemeanor conviction?

Background:

In September, I was involved in an argument over a parking spot in NYC. I found the spot and he pulled in as I was backing in. An argument ensued and it got fairly heated. I ended up hitting the guy's hood with my hand and according to him, I dented his hood. The damage was not intentional and I did not know about it until the police called saying that the man filed charges. In short, the guy insisted I be arrested despite my offer to pay him for any damage. So I was arrested and wrote out a statement giving my side of the story and was given a desk appearance ticket to appear in court in November.

Question:

What courses of action can I take to avoid a criminal record? The cop said that if the guy does not show up to court, it will be thrown out, but what if he does show up? Would it be beneficial for me to go into court with a lawyer? My entire career rides on me not getting convicted of any crime - not even a misdemeanor such as this one.


Asked on 10/28/03, 8:38 am

3 Answers from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: How to avoid a misdemeanor conviction?

If you have no criminal history and appear with an attorney you will likely continue to have no criminal history after this case is resolved. It sounds like you may have been charged with criminal mischief. You are welcome to call for a free consultation to discuss your options.

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Answered on 10/28/03, 9:21 am

Re: How to avoid a misdemeanor conviction?

You should always have a lawyer in criminal court. I doubt that you will get a criminal conviction. My belief is that you can get an ACD (adjournment in contemplation of dismissal). This means that the case is adjourned for 6 months and dismissed if there are no new arrests.

I am a former federal and state prosecutor here in NYC and I handle these types of cases all the time. If you would like to discuss your case, please feel free to call me at 212-622-7180.

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Answered on 10/28/03, 9:51 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: How to avoid a misdemeanor conviction?

This must be very difficult for you. It is always tough to deal with someone who has less at stake than you do.

Based on my experience, I think you should consider that this person may have told a very dramatic story to the police and exaggerated the damage to his vehicle. He may even have claimed you struck him.

All of this information will be communicated to you in writing at the 'arraignment'.

One strategy to give the complaining person a stake in dismissing the charges is to file a complaint against him (a cross-complaint). It may be too late if your statement to the police does not include this information. The rule is: always have an attorney before talking to anyone regarding criminal action. You never know what rights or strategic options you are losing.

It is always best to have a lawyer when in a criminal courtroom. Find someone who will listen to you and pursue options and outcomes that meet your needs. If you don't already know someone you can trust, then interview at least 3.

You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.

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Answered on 10/28/03, 5:48 pm


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