Legal Question in Criminal Law in New York

Misdemeanor Trespassing

A friend and I were issued what I believe is a desk appearance ticket? We had decided to go for a walk in Central Park, NYC. And we were unaware of the hour restrictions, and the penalties of violation of these restrictions. Neither of us is from the city, and I am from out of state. And there was no sign. We said this to the cops, didn't matter. It appears based on the Park's site that ANY violation of a park regulation is a misdemeanor. The officer claimed it was relatively minor infraction and generally gets dismissed, or a small fine, but this is the guy who issued the ticket in the first place. How worried should I be about this? It just seems ridiculous to me that anyone wouldn�t just dismiss these charges. Or give a conditional discharge, my primary concern is a mark on my clean record. Is it likely that a Judge would simply dismiss a charge such as this at my arraignment date? My friend and I both have completely clean records, and go to college in upstate NY. I don�t think I can afford to pay a lawyer. Would it be possible to try a public defender for the first court date, the arraignment, and if I can't get it dismissed then locate a lawyer? I'd really like to get this behind me.


Asked on 8/26/06, 4:14 pm

1 Answer from Attorneys

Re: Misdemeanor Trespassing

Your research is correct (everything in the Park is a misdeamenor) and the officer was correct (the charge is not a big deal). Whether you can get a legal aid lawyer at arraignment depends on your income. In any event, your case will likely be resolved with an ACD (adjournment in contemplation of dismissal - the case gets adjourned for 6 months and then its is dismissed and sealed without your having to go back to court. Sometimes the DA will ask for community service but if you are from out of town, the DA will probably accept a straight ACD. The next level up from an ACD is a violation (disorderly conduct) which could carry a fine and/or community service plus court fees. This is not a crime. Assuming you have no prior record, your case will either end up dismissed via an ACD or with a violation and your record will be safe.

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Answered on 8/26/06, 4:28 pm


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