Legal Question in Criminal Law in New York
on sept 2, 2010 while riding on the subway I received a pink summons for illegal handcuff which is a violation of Sec 10-147 of the NY administrative code .which is pubishable by a maximum fine of $200 and or jail of 10 days. i received an acd which runs out on may3, I have no criminal record. in your opinion for this offense is a summons or actual arrest most likely
i was just curious one of the officers did say you were cooperative we will cut you a break
thank you
1 Answer from Attorneys
If you were issued a pink summons while on the subway and were not taken into police custody, you were not arrested. You can freely and honestly check off the box indicating that you have not been arrested (assuming you have no other arrests!).
Generally, in New York City, if you are arrested, you are taken into custody, booked, photographed and fingerprinted.
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