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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Missed Court Appearance for an Open Container Charge

    My question involves criminal law for the state of: New York

    Hello. I'm a Canadian citizen that currently lives in Montreal. I was visiting New York City in May when I was caught drinking in the street and received a pink summon for Open Container. I was told by the officer that all I had to do was mail in a check/mail order for the $25 fine and the guilt plea thing. Problem is, I completely forgot about it. It says I had 10 days to mail it after the summons was given and I failed to do that.

    I have a court appearance scheduled on July 25th which I obviously won't be able to attend. I don't want any bench warrants and I have no problem paying the fine.

    However, at the time, I did not have any ID on me. The police officer took down my name and date of birth. He wrote down the address of the youth hostel I was staying at and the youth hostel has no other information on me because I am not the one who booked the stay there. They do not know where I live, my citizenship or any other detail apart from my name and DOB.

    In this case, what's the best option for me? I'd gladly send them the guilt plea and $25, but I won't if they don't accept it due to its lateness. Is there a possibility that they drop the charge due to not having enough information on me? The officers didn't see any ID and I could have given them BS info (I didn't). I just want to avoid having a warrant that could prevent me from traveling to the States in the future. Thanks!

  2. #2
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Missed Court Appearance for an Open Container Charge

    If you have a court date and choose not to appear you will very likely face a failure to appear warrant which is a seperate charge from what you're already facing. And that will serve to make your current situation all that much worse. You may wanna seriously consider NOT missing your court date!

  3. #3
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Missed Court Appearance for an Open Container Charge

    I'm afraid I am a little dense. Why is it so "obvious" about your not being able to appear in court on the 25th? You somehow managed to be in close proximity to the court in May.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Missed Court Appearance for an Open Container Charge

    I just want to avoid having a warrant that could prevent me from traveling to the States in the future.
    Then find a way to show up for court. Alternatively, you can contact an attorney in New York and see if you can get him/her to negotiate on your behalf to allow you to pay the fine late.

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