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  1. #1
    Join Date
    Apr 2010
    Posts
    7

    Default Theft of Services Pl 165.15(3) New York

    I have a question that hopefully, you can provide me with more information. I used my mother’s half-fare Metrocard on the subway the other day, and was arrested for theft of services, PL 165.15(3). There were three cops that arrested me, in which two totally spazzed out on me, that you would of thought I robbed a bank. One of them said that I would of been better jumping the turnstile. When one of the officer’s commented that I took advantage of my mother’s age, I replied that she is disabled, not elderly, and she gave me the metrocard to use so that I may attend classes since I am in-between jobs. I am 34 y.o. and receive $275 in unemployment insurance per week. I was put in handcuffs, not mirandarized, and taken to a holding cell. My Desk Appearance Ticket is in two weeks. How should I plea and what should I expect? I only used the card as I barely have enough to pay for transportation and renting a room, along with paying for college books.

    Thank you.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Theft of Services Pl 165.15(3) New York

    You were not Mirandized most likely because they had no questions to ask you. Plead whatever you choose. Guilty - you get whatever the judge sentences you to. Try to talk to the ADA on the case about the possiblity of pleaing to a reduced charge. Not guilty - Your case will be bound over for trial where you may or may not qualify for a public defender or have to pay for your own attorney. Sentencing will probably be a combination of fines, court costs, probation, community service or jail time. We cannot predict which.

    Depending on the terms of the Metrocard contract, your mother may lose her card or face charges as well for allowing you to use it.

  3. #3
    Join Date
    Apr 2010
    Posts
    7

    Default Re: Theft of Services Pl 165.15(3) New York

    They did ask me questions, such as about how I got the card, personal info and my belongings. Since I have a clean record, with no priors and plead guilty, can I ask the ADA beforehand that I am not interested in jail time? I am currently in school, and going to jail would basically mean that I will have to use up my absenteeism that is allowed by my professors. When leaving the precinct, the officer mentioned that I already served my sentence, even though it was for two hours. Is he saying that to just say it, or will I have to serve more time? When I left, they gave me no further information, and just issue a Desk Appearance Ticket.

    Also, they did not mention anything about charges against my mother.

  4. #4
    Join Date
    Apr 2010
    Posts
    7

    Default Re: Theft of Services Pl 165.15(3) New York

    Update for any who might be faced in the same predicament.

    I went to the court yesterday, and was appointed a legal aide without even asking for one. She said that she will ask the judge for an ACD and for me to stay out of trouble for six months. After that, case is dismissed and sealed. I spoke with the judge, and the judge confirmed my sentence. I had to pay no fines or face any jail time

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Theft of Services Pl 165.15(3) New York

    Yes, ACD is a good solution for this. Don't screw it up.

    I bet the questions were asked before you were taken into custody. Those don't require Miranda either. Further, even if Miranda is required, and they question you without it, all it does is disallow anything you tell them being used against you. It's not a general get-out-of-jail-free card.

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