Legal Question in Criminal Law in New York

Hello LawGuru,

(The Situation)

Early in February I was on my way home from McDonald. When I walked through a public park sometime after 10pm in route to my apartment where I live with my parents. While walking through the park a police van stopped me and an officer exited out of the van (took my bag of McDonald's food) and told me to put my hands on the van as though he was about to search me. Before searching me he asked if I had anything on me. I told him I had a pocket knife( which was definitely not bigger than 4 inches) in my front pocket. After he took the knife he put handcuffs on me and took me down to the police precinct.

I was shocked I was even stopped in the first place, due to the fact I have never been in trouble with the law. I was later notified the park is closed at 10pm. Which I never knew. Since people are always walking there all times of night. And just yesterday, while walking by the park after hours.I seen a lady walking her dog in this very same park and a police van just rode right buy her without questioning her. This is when the harsh reality sunk in that I was without a doubt a victim of racial profiling.

(My Questions?)

What are my rights in a situation like this? Was my civil rights violated? Can I press criminal or civil against these officers in the court of law? Why are some people allowed to be in or walk in the park after closings hours and others are not?

(Facts about Myself)

I am an African-American male in my very early 30's. I have a clean record never been arrested. I lived in Bronx, NY all my life and have two college degree's (Bachelor and Associate in Business).

I am schedule to go to court next week and I really need good solid advice on what to do. The lawyer the court appointed me does not seem to care. I know I was singled out because of my race. Please notify me of my rights.

Thank in advance for your help. I really appreciate it.


Asked on 2/25/10, 10:21 am

2 Answers from Attorneys
Matthew Schwartz Schwartz & Ponterio, PLLC

If you are not happy with your attorney, you should retain private counsel immediately to defend the case and to help you decide whether to file a civil lawsuit against the City and the police officers for you. The first order of business is to defend the criminal case.

On some civil claims, there is a 90-day deadline for filing a notice of claim against the City. It may be that the success of a civil lawsuit depends on being acquitted of criminal charges. In some cases, even getting an ACD (something your lawyer may have mentioned to you) will bar you from bringing a civil suit. This needs to be analyzed as soon as possible.

I think your conclusion that you were stopped because of your race is a valid one. there was just a column today in the New York Times about this problem. The evidence of disproportionate (unjustified) police stops of African-Americans is undeniable and could be used to suppress the physical evidence in the criminal case and to support your civil claims.

You should double check to see if there is any closing time posted at the park where you were stopped. If there is no time posted, or the time is later than when you were stopped, you should consider taking pictures of the signs immediately.

I cannot give you any specific advice on how to proceed in the criminal case (or with respect to the civil claims) without meeting with you in order to get more information. I think my firm and I can help you to defend the criminal case (for a reasonable fee) and to bring a civil case if the circumstances warrant it (on a contingency basis).

Please feel free to call me so we can discuss this further.

Read more
Answered on 3/02/10, 10:51 am
Robert Evans Robert S. Evans esq.

I hate to be the bearer of bad tidings. If there is a sign posted indicating the hours of park useage, then the P.D. has probable cause to stop and inquire ,your race no longer becomes an issue. Your statement also presents a problem. That being said ,if you are not satisfied with your attorney,by all means get another. I handle matters such as yours on a daily basis. I would be happy to have a free phone consultation with you to discuss the specifics and all your rights as well as the potential penalties.Please contact my office @7188340087 to effectuate this.

Read more
Answered on 3/02/10, 2:10 pm


Related Questions & Answers

More Criminal Law questions and answers in New York