Advice on potential misdemeanor post-acceptance

[Ihatepeas]

Hey so I was recently given a summons for a potential misdemeanor because I was at a park at night when it was closed. I wasnt arrested or anything, i was just given a pink slip with summons details. The citation is written as "park after dark." I didn't even know that these parks had closing times because there is no closed gates or posted signs, but I know my ignorance can't be used as an excuse. I'm in NYC and all violations of park rules are seen as misdemeanors. I haven't gone to court yet to say if I am guilty or not guilty and the court date is set after I start classes. I plan on pleading not guilty and asking for an ADC which basically dismisses the charges after 6 months if I don't get arrested. My record was clean prior to this and I think the judge will likely grant me an ADC as a resukt but I can't be completely sure. Do you guys think I should get a lawyer? Also should I inform the dental school I am matriculating into about this now or after my court date? Thank you guys, I've been worrying about this.

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[cacajuate]

Doubt it will be a big deal. I wouldn't worry about it.

 

[fayevalentine]

When is the court date and when are you matriculating?

 

[Queen Beach]

Personally, I wouldn't get a lawyer for this. Are you sure it's a misdemeanor? A citation is paying a fee and is not a severe crime for a misdemeanor it's like getting a speeding ticket..

 

[Ihatepeas]

Doubt it will be a big deal. I wouldn't worry about it.

Yeah, my instinct tells me its no big deal but a misdemeanor is a misdemeanor lol. I dont want the dental school to think I am trying to deceive them or something. Thanks for your response.

When is the court date and when are you matriculating?

My court date is around 3 to 5 days after orientation begins. I found out I can try to go earlier so im going to try to go before school starts completely.

Personally, I wouldn't get a lawyer for this. Are you sure it's a misdemeanor? A citation is paying a fee and is not a severe crime for a misdemeanor it's like getting a speeding ticket..

Yeah im pretty sure its a misdemeanor. I desperately wanted it to be just a citation but most of the Internet is saying that it is a misdemeanor. The specific violation my summons is referring to is code 1-03 a (3) which states "No person shall enter or remain in any park without the permission of the Commissioner when such park is closed to the public." All violations against nyc park regulations are treated as misdemeanors unfortunately for me. It seems like such a harmless mistake but a misdemeanor is a misdemeanor. I really hope this doesnt affect my dental school matriculation.

 

[fayevalentine]

As stupid as this charge is, it looks like you may want to get a lawyer. They can plead it down from a misdemeanor. Are you being tried by the ECB or NYC Court?

You should take a look at this, OP:
http://www.justanswer.com/criminal-law/6uiyd-son-received-summons-1-03-a3-park-10-30pm.html
However, I also found out that some of the penalties have been reduced as of 10 days ago. So you may want to look into that. Either way, if you don't want a record, I would lawyer up.

*Edited for one word.

 

[Cello]

Personally, I wouldn't get a lawyer for this. Are you sure it's a misdemeanor? A citation is paying a fee and is not a severe crime for a misdemeanor it's like getting a speeding ticket..

This varies tremendously. A domestic violence charge may be a Class B Misdemeanor, but it is easily as bad as many felony charges. There is felony assault, and then misdemeanor simple assault. Speeding tickets are usually infractions, but if you are driving recklessly enough (double the speed limit in many states) it could very well be a felony charge. Traffic misdemeanors may include driving without insurance, or fleeing the scene of an accident (which could also be a felony depending upon circumstances).

The infraction / misdemeanor / felony thing doesn't always work out as one might expect from a hierarchical standpoint.

I had a misdemeanor for something pretty innocuous and every school I spoke with laughed it off. I wouldn't worry about a misdemeanor for being in a park after hours. Definitely do inform the school though.

 

[Ihatepeas]

As stupid as this charge is, it looks like you may want to get a lawyer. They can plead it down from a misdemeanor. Are you being tried by the ECB or NYC Court?

You should take a look at this, OP:
http://www.justanswer.com/criminal-law/6uiyd-son-received-summons-1-03-a3-park-10-30pm.html
However, I also found out that some of the penalties have been reduced as of 10 days ago. So you may want to look into that. Either way, if you don't want a record, I would lawyer up.

*Edited for one word.

Thanks for your advice, I'm being charged at NYC court lol I think they provide a public defender at the courts for those who can't afford lawyers. Do you think I should hire my own private lawyer or do you think the public defender is enough?

This varies tremendously. A domestic violence charge may be a Class B Misdemeanor, but it is easily as bad as many felony charges. There is felony assault, and then misdemeanor simple assault. Speeding tickets are usually infractions, but if you are driving recklessly enough (double the speed limit in many states) it could very well be a felony charge. Traffic misdemeanors may include driving without insurance, or fleeing the scene of an accident (which could also be a felony depending upon circumstances).

The infraction / misdemeanor / felony thing doesn't always work out as one might expect from a hierarchical standpoint.

I had a misdemeanor for something pretty innocuous and every school I spoke with laughed it off. I wouldn't worry about a misdemeanor for being in a park after hours. Definitely do inform the school though.

Thanks, you made me feel a little better. I haven't been formally convicted yet because I have to go to court and plead either guilty or not guilty. I plan to plead non guilty and ask for an ACD, which would dismiss the case after 6 months assuming I don't get arrested. The judge will likely grant me this because I have no record prior to this, but I can't know exactly what will happen. So do you think I should let the school know now or after I go to court? Thanks again!

 

[fayevalentine]

Do you think I should hire my own private lawyer or do you think the public defender is enough?

That's totally up to you. Unfortunately I have no idea. Good luck OP.

 

[salreq]

My court date is around 3 to 5 days after orientation begins. I found out I can try to go earlier so im going to try to go before school starts completely.

Maybe just try to deal with after you start dental school because technically you are innocent until proven guilty. This way you might not need to mention it to adcoms. Just a thought...