Path Fare Evasion Pink Summons in NYC
My question involves criminal law for the state of: New York
My wife, 2.5 year old baby(in a stroller) and myself with another baby of 1 year (in a stroller) 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 my tap had not worked and it was her 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) .
I believe I am not guilty of the offense.
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 ?
Is this a 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 1 year and do not have any criminal record.
Would appreciate any information/help on this matter.
Re: Path Fare Evasion Pink Summons in NYC
You know what? I just found this from a year ago:
Quote:
Quoting multiple, November 26, 2011
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 ?
Would appreciate any information/help on this matter.
You even copied the typos from your post about your prior ticket. At least you weren't charged with trespassing this time.
You can ask for whatever disposition you believe the prosecutor might permit. The prosecutor may respond with a different proposed outcome. If you do not reach a mutually acceptable deal with the prosecutor, you can plead not guilty and have a trial. We are not in a position to assess your chances of getting a dismissal, or of telling you how compelling the officer's testimony would be at trial.
Fare evasion appears to be a violation punishable by a $100 fine. You should expect the prosecutor to be aware of the prior incident, and that could affect the offered disposition - although given the modest penalty there's only so much you could expect by way of an offer.
Re: Path Fare Evasion Pink Summons in NYC
Re: Path Fare Evasion Pink Summons in NYC
hi,
thanks for your reply. Actually I copied from earlier post as my situation was eaxctly similar of the person who posted earlier post. This is my first pink summon.
If I need to pay fine will that be recorded in my history. I do not go for trial as it will take more time. According to you what kind of disposition the prosecutor might permit. Thanks for your kind help.