Legal Question in Criminal Law in New York
Summons in the Subway- Serious Help!
I received a summons in the NYC subway for having a legal folding pocket knife in ''plain view''. (blade under 2.5 inches).The folding pocket knife/body of the knife/handle were not visible. The only piece or part of the knife visible was the clip of said knife (which attaches knife to inside of my pants pocket), and due to the fact that I keep an mp3 player tethered to my belt loop (so as to obscure the clip) any reasonable person would assume the clip itself was part of the mp3 player.In any case, two MTA police officers began visually scanning me and looked at my mp3 player. I saw one officer bend low and actually place his head near my person so as to get a closer look at the mp3 player. I paid it no mind and continued waiting for the train. I was then approached by the officers and asked if I had ''anything'' on me. After answering I was given a summons to appear in court and had my pocket knife confiscated (placed in officer's back pocket- no mention of confiscation/description etc of knife was included in summons).
Do I need a lawyer for the summons? what does a summons entail- is this a ruse so as to lock me up and or heavily fine me? Will there be a record? Can I have said record removed/erased?
3 Answers from Attorneys
Re: Summons in the Subway- Serious Help!
You were given what is called a Desk Appearance TIcket, the summons begins a criminal case against you but without the procedure of an original arrest... it is done sometimes in cases where there is no serious threat... however, the charge may be rather serious as the length of the blade is onconsequential for a weapons possession charge in this matter since it is what is termed a 'gravity knife' - I've handled many cases such as this where the blade of the knife was well below the length requirement but as a result of it being a knife that opens up (Gravity knife) it is seen not to fit into the length requirement... If i were you i would treat this case seriously, and hire your own attorney if at all possible.
Please feel free to contact me for further discussion. You may reach me off hours at the email address provided below or through my website at cgonzalzlawfirm.com or calling e directly at the office at 2127098303
Re: Summons in the Subway- Serious Help!
I would retain a criminal defense lawyer. If it turns out they charged you with possession of a gravity knife then the top count could be an A misdemeanor that can carry a sentence up to a year in jail and would stay on your record. If this is your first arrest it should be possible to resolve this issue without a criminal conviction or jail time. Please feel free to contact my office if we can be of any assistance in this matter.
Re: Summons in the Subway- Serious Help!
The issue is whether you received a summons or an appearance ticket?Were you arrested and fingerprinted or just given a pink summons?You do need a competent criminal defense attorney to assist you.From these facts you could be charged with either a misdemeanor or a violation, this depends on the answers to my questions. Please call my office @7188340087 for a free phone consultation. I handle these matters on a daily basis and will be happy to advise you accordingly.
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