Legal Question in Criminal Law in New York

Summons for a Violation

I was stopped on the street in New York City for having a pocket knife clipped to my back pocket. I received a summons for this violation. The offense was ''Possession of knife in public view''. The officer told me to appear in court and that they would either drop the charge or penalize me with a small fine because I have no criminal record. Should I plead not guilty or guilty and accept the potential fine?


Asked on 4/08/08, 10:23 am

3 Answers from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Summons for a Violation

I do not recommend pleading guilty. If the offense remains as minor as you stated it is possible it may not even be prosecuted (i.e., dropped) on the court date.

Go to court. Consult with an attorney beforehand. Get it knocked-down to a non-weapon violation, or dismissed for other reasons (facial insufficiency).

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Answered on 4/08/08, 11:02 am
Robert Evans Robert S. Evans esq.

Re: Summons for a Violation

I would advise discussing this matter with a competent criminal defense attorney. You do not want to plead guilty to a weapons charge. There is a possibliity the charge may get dismissed or certainly reduced at your appearance date. You may contact my office @7188340087 for a free phone consultation.

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Answered on 4/08/08, 12:52 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Summons for a Violation

You should not rely on the advice of a police officer when it comes to what you should plead guilty to. Their interest is not your interest. You should speak with a criminal defense attorney prior to your court date and discuss the different options you may have.

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Answered on 4/08/08, 2:38 pm


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