Legal Question in Criminal Law in New York

What to Plead

I was arrested in washington square park. I am non-US citizen here under a work visa.

On April 30, 2007, I was on the phone in the park, and had one hand rolled cigarette in my hand which an undercover officer took from me and claimed had marijuana. I had a bag of Drum cigarette tobacco in my pocket and no marijuana.

I was taken to the police station and released after about 4 hours with a desk appearance ticket for May 30.

Four days later, I had to leave the country and re-enter to renew my visa which is a 1 year work visa. WHen requesting the visa, answered yes when asked if I had ever been arrested. I was admitted with a 1 year via, but told that if I am convicted, I will have to leave the country and will be inadmissible for re-entry.

I was told plainly by the immigation officer to fight it, that I should not plea bargain. That any conviction will render me inadmissible.

I have a company in New York that has millions of dollars invested by dozens of investors and has employed many dozens of people.

I would like to determine the best course of action. Is it possible to plead ''no contest'' and hope for a dismissal? Should I plead not guilty? Is so then does it automatically go to trial?


Asked on 5/06/07, 3:33 pm

5 Answers from Attorneys

Steven Czik CZIK LAW PLLC

Re: What to Plead

Assuming this is your first arrest which it seems, and if what you say is so you did not commit a crime, it should be fairly likely that your case would be dismissed or at the worst ACD'd (adjournement contemplating dismissal) It is highly reccomended that you retain an attorney to protect your rights and will likely assist you in attaining the best possible result. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

Read more
Answered on 5/07/07, 11:27 am
Robert Evans Robert S. Evans esq.

Re: What to Plead

N.Y. does not have no contest pleas, that being said you apparently have a valid defense. If the lab report comes back no drugs then the charges will be dismissed.In the event this does not occur a competent criminal defense attorney could perhaps negotiate a favorable disposition,perhaps an adjournment in contemplation of dismissal or some sort of violation.An immigration attorney should be part of the defense team.You may call my office @7188340087 for a free phone consultation.

Read more
Answered on 5/07/07, 1:51 pm

Re: What to Plead

This sounds familiar. Didn't you call me and didn't we have an appointment for last week? I think your case is easily resolvable and in your favor.

Read more
Answered on 5/06/07, 4:35 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: What to Plead

These types of cases are very common. You should retain a qualified criminal defense attorney for this matter. This case may be fairly simple to resolve although the immigration issue could complicate things. Please feel free to contact my office if we can be of any assistance in this matter.

Read more
Answered on 5/06/07, 7:21 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: What to Plead

NY has no "No contest" proviso and you are not guilty so why should you plead guilty. It is likely that the District attorney will move to adjourn the case in contemplation of dismissal which is a dismissal in 6 months. According to NY law that will mean you will be put back into the situation you were in as if you were never arrested. You really ought to have an attorney to look into the issue and the immigration issue as well. You may also have a right to a civil rights suit for the officer's "jumping the gun."

If you would like to discuss this with me further you may follow the links below. I have handled many of these types of cases over the 24 years I have been practicing and will be glad to discuss representing you.

Either way, good luck.

Read more
Answered on 5/06/07, 8:31 pm


Related Questions & Answers

More Criminal Law questions and answers in New York