Legal Question in Criminal Law in New York
New York State Summons
I am currently eighteen years old. When i was seventeen (March 2006) i was arrested on the grounds of buying a $20 bag of marijuana in a public area. I recieved an ''ACD'' (if i remember the term correctly), which is a probationary period of one year, for which i was vaguely told i could not ''get into trouble with the law''.
Now just yesterday night at 11:40 pm (June 20, 2006) i was playing a game of basketball in a nearby park with a friend when police pulled up and issued me a summons to appear in criminal court on 346 broadway for trespassing. I had no previous knowledge that the park was closed as of 9:00 pm. The gates were wide open and no sign was in clear view since it was dark. I am wondering what will happen, given my previous offense, and what i can do about it?
2 Answers from Attorneys
Re: New York State Summons
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Re: New York State Summons
You probably have nothing to worry about. You received a summons and therefore you were not fingerprinted. Thus, the Court will not know about the marijuana ACD. Furthermore, the Court at 346 Broadway is more about collecting revenue than anything else. The "Judge" is actually a Judicial Hearing Officer with very little power and there is no prosecutor there. The "Judge" will offer you a reduced plea - probably disorderly conduct or tresspass as a violation - and require you to pay a fine and court costs. Do not plead guilty to the charge because all "crimes" that take place in a City park are misdemeanors by statute. If you want to fight the case, do not agree to go before the "Judge" (they will ask you to sign a consent form when you hand in the summons) and request that the case be transferred to Criminal Court at 100 Centre Street.
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