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  1. #1
    Join Date
    Oct 2012
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    Default Fare Evasion and Trespassing at a NYC Path Station

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

    My father who recently came to US on tourism 4 days ago tailgated with me when I was using the handicapped turnsile (as I had my 1 year old on a stroller) on the 33rd Street Path station. My father just didnt realise it. The cop stopped us and asked whom should the summon be given to so I told he should give it to me as I am responsible for his trip.
    I have got a two summons one for fare evasion and one for tresspassing. I would like to know the following
    1. what are the fines
    2. The date is 2 months (19 Dec 2012) from now but I want to get over with it asap can I pre pone the date?
    3. I wouldnt like to hire a lawyer because that would be too expensive. So what are my options should I just state whatever the facts and let the judge decide my fate?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Fare Evasion and Trespassing at a NYC Path Station

    If the fines aren't stated on the ticket, check the court's website or inquire with the court.

    I can't see the tickets from here - identify the exact charges (statute/ordinance numbers) and whether it states that an appearance is required. Are we talking, in both cases, about a so-called pink summons?

    Your options are to plead guilty and be convicted as charged, attempt to plea bargain to see if you can get the charges reduced and/or fine reduced and/or a deferral or dismissal, or to go to trial and make the prosecutor prove that you committed the charged offenses.

  3. #3
    Join Date
    Nov 2007
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    1,419

    Default Re: Fare Evasion and Trespassing at a NYC Path Station

    I think fare evasion is about 100 and the trespassing is maybe 75-100 (I want to say i'm not sure). Sometimes if it's within a week of the court dates you can show up early and take care of it. It's a risk theny might send you home,also sometimes one of the charges gets dismissed if your lucky or your granted and acd. The charge is dismissed after 6 months if you stay out of trouble. I had a friend last get a fare evasion and it cost him 100.

    Sometimes you can plead not guilty or the judges offers to dismiss both or at least one the charges,it's really a crap shoot sometimes. I would be honest and just see what happens. Other times a offer is given off the back or they say well plead guilty and the fine is 100 or whatever.

  4. #4
    Join Date
    Oct 2012
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    2

    Default Re: Fare Evasion and Trespassing at a NYC Path Station

    Quote Quoting Mr. Knowitall
    View Post
    If the fines aren't stated on the ticket, check the court's website or inquire with the court.

    I can't see the tickets from here - identify the exact charges (statute/ordinance numbers) and whether it states that an appearance is required. Are we talking, in both cases, about a so-called pink summons?

    Your options are to plead guilty and be convicted as charged, attempt to plea bargain to see if you can get the charges reduced and/or fine reduced and/or a deferral or dismissal, or to go to trial and make the prosecutor prove that you committed the charged offenses.
    Fare Evasion is Sec 6861 Sub 4 (or 9 cant make out the handwriting) Title 17
    Tresspassing is sec 140 sub 05 Penal Law

    Thanks so much for your fast reply. Now that Im nearing my court date Im getting prepared atleaste mentally

    - - - Updated - - -

    Does it make sense to carry some documents as proof.
    Like I have copies of my father's immigration which proves he arrived US only 4 days before. Moreover I also have document's to show that the smartlink card that he was carrying indeed had trips left (infact it still has 6 unused trips because I didnt use it and didnt refill it so that it can be shown as evidence) it was just that he didnt bother to swipe it. I realize that it was ignorance and ignorance to law is no excuse but I was a little dissapointed when the cop just wasnt ready to listen.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Fare Evasion and Trespassing at a NYC Path Station

    It's worth a try,a friend of mine had his metro card receipt and got it dismissed. They deal with a lot of crap,people lying but a lot of nyc cops have the mindset let the court handle it. If the person is technical wrong it's strict but it is what it is. I don't see why they don't let people mail in the ticket and be done with it.

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