Underage Drinking Summons in New York
My question involves criminal law for the state of: New York
Hey, last Wednesday I was drinking in a handball court with a friend. The police came and issued me three summons, 1)Pass. of alcohol by Underage minor, 2) Open container of alcohol and 3) failure to comply with sign(I think the park sign said no drinking in the park). THe cops themselves were pretty nice about this since they said that me and my friend shouldve been in cuffs and said that as long we show up to court, the summons will be dismissed.
Extra Details: I'm 19, have a clean record and each summons was $25. I was not drinking when cop showed up, just had bottle in front of me. Cops did not smell breath for beer or anything, if that matters. Other friend caught was 21. My friend and the cops were actually talking about different wines and beer while issuing our tickets and actually had a couple of laughs so I think they'd help us out if need be.
I have a few questions though. Does anyone know if it can be dismissed? and if it can be, then do I have to show up to court more than once?
Also, any advice as to what to say in court so that i can get this dismissed?(Cops told us that itd be dismissed as long we stayed clean for 6 months)
I'll answer any questions if you need to know something. thanks.
Re: Underage Drinking Summons in New York
It sounds like the officers expect that you'll be offered a deferred sentence if you go to court, not an outright dismissal. Your best bet for understanding the terms of a local deferral program is to consult a local criminal defense lawyer. There may be information on the court website or on the prosecutor's website.
Re: Underage Drinking Summons in New York
Quote:
Quoting
Mr. Knowitall
It sounds like the officers expect that you'll be offered a deferred sentence if you go to court, not an outright dismissal. Your best bet for understanding the terms of a local deferral program is to consult a local criminal defense lawyer. There may be information on the court website or on the prosecutor's website.
Sounds like they're talking about the New York "Adjournment in Contemplation of Dismissal." If offered, and you don't screw it up, your charges are dismissed by the court without an appearance (though it would behoove you to inquire after the time has expired to make sure this has occurred).
Bullwinkle is right though, you are well advised to at least consult with a lawyer before your court date.
Re: Underage Drinking Summons in New York
Hey guys, thanks for your input. If you are right about the cop referring to an ACD, then can't I show up to court and ask for this? And I also read that I can hire an attorney to show up for me. While the attorney may have more knowledge to help me out, I kind of feel that it'd, "look" ,for lack of a better word, better if I showed up. What can the attorney do for me that I wouldnt be able to do? An attorney here, from what I've seen, is at least $500, I can pay it but would rather not since I need it for school and rent, etc...
Re: Underage Drinking Summons in New York
Chances are most of the charges will get thrown out or an acd will be offered,see if u can speak to a legal aide quickly. These are all non criminal charges and probably a fine of 25 dollars each,they may have u pay for one of them. Normally when they call the case something is offered. I cut thru a park in nyc and got 2 tickets for being in the park after dark and disobeying a sign,an acd was offered. Imo a lawyer would be a waste of money. I would show up and just see what they offer. The total cost of the fines are 75,chances are some or all could get thrown out if u behave for 6 months.
The cops did u a favor by not arresting u or anything b.c there no fingerprints or mug shot,etc on file. It helps that they didn't charge u w. any misdemeanors or anything. The lack of an arrest and since in ny these charges are violations that helps a lot.
Re: Underage Drinking Summons in New York
Thanks guys, I plan on going this Thursday without the lawyer, I'll see what happens and definitely won't be drinking. Again, lots of thanks.