Given Pink Summons for Fare Evasion and Trespassing at PATH Station

[multiple]

My wife, 10 month old baby(in a stroller) and myself reached the PATH train station, she held her path card and tapped it and I followed her tapping my card. We did not realize
that her tap had not worked and it was my tap on the reader that actually opened the channel until a cop called me from behind saying that I had not paid the fare. Since there was
rush and the baby in the stroller was fuzzy being his sleep time (around 9 PM) we did not pay attention that we missed out on paying for atleast for one of us.
If at all this happened, it was not intentional, it was circumstantial and happened unknowingly and I had no intentions to evade the fare.
I have been asked to appear at a Criminal court in NY and have been charged with Fare Evasion(6861 sub 4) and trespassing (140.05).
I believe I am not guilty of either of the two offenses.
What should I ask for at my first date at the court ? Can I plea for a dismissal or ACD ?
Will this go into a trial ? and what are my chances of getting this dismissed ?
Are these just violations or will these enter my criminal records.
What is the penalty I am likely to face if convicted ?
I am currently on H1B visa, will this affect my Green Card processing and naturalization thereafter ?

i have been using PATH system for over 2 years and do not have any criminal record.

Would appreciate any information/help on this matter.

[viol8te]

Technically, you are guilty(based off what you wrote.) Plead not guilty, seek the assistance of a lawyer and go from there.

[multiple]

Thanks for the reply, I was looking forward to answers to my questions while I check up with a local attorney. If anyone can shed more light on my questions in the first post, It would be greatly helpful and appreciated.

[flyingron]

They are both violations and will not result in a criminal record. It shouldn't affect your immigration to any great extent. ACD is not likely to be an option. I believe the fare evasion is a $100 fine, the trespass cold be up to $250 and 15 days in jail (the latter is unlikely).

[multiple]

Thanks for the reply, does this mean that even if I am convicted, it will not enter into my criminal record history and that it will not affect any future background checks (for immigration, job etc.)

[viol8te]

I will tell you this, every judge I've stepped in front of will tell someone going through the immigration process that by pleading guilty, you are aware that this can influence your immigration status. That being said, it is highly doubtful that anything that extreme will happen. But is is a misdemeanor offense. It will be on your record until you have it removed. It doesn't go away automatically.

[multiple]

Thanks again for your post. 'It will be on your record until you have it removed' ....can you please elaborate this ? How can I get it removed ? Which records will it enter into ?
Can you suggest my best options based on your experience.

[viol8te]

It's a minor misdemeanor. You would have to wait the mandatory amount of time and motion to expunge this offense off your record. Until you expunge it, it can show on your rap sheet.

[multiple]

Thanks for your prompt response. taking the worst case, If I am convicted, how much will be the expunge period to have this off the record ? or would it depend upon the court verdict ?

[flyingron]

Neither of these charges are misdemeanors. There's no such thing as a "minor misdemeanor" in NY. These are both violations.