Legal Question in Criminal Law in New York
knife possession
Last summer my son was stopped for speeding, but not given any summons. The officer(s) asked if he had any weapons on him and he said he had a small knife. He was arrested and given a 'desk summons'. He has been in and out of court since then and they are offerring him a 'violation'. What does this mean...is it a financial summons?
3 Answers from Attorneys
Re: knife possession
A violation is not a "financial" summons. It's a plea to an offense that is not considered a crime. However, your son may be able to get a better plea offer than a violation.
Re: knife possession
In New York, there are three classes of criminal offenses: felonies, misdemeanors and violations. A violation is the lowest offense and it is not considered a "crime" so it should not affect your son when he seeks employment. A conviction for a violation would still appear on his "rap sheet," or criminal record. Your son may be able to get a better deal, such as an adjournment in contemplation of dismissal (ACD), which is an outright dismissal of the charge after a certain amount of time.
Re: knife possession
A violation is not a financial summons.
"Violation" is defined in the New York Penal Law as, " an offense other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days cannot be imposed. If you have further questions, please e-mail me. Steven Brand
The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.
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