Theft of Services for Ducking a Subway Turnstile

[slevit1990]

My question involves criminal law for the state of: NY

Thank you in advance for your valuable time, advice, and assistance with my inquiry.

A few weeks ago, my girlfriend and I took the NJ transit train into NYC Penn station to have dinner with an old friend who was visiting from overseas. Our dinner eventually turned into drinks, and then into some light barhopping.

By 1:30AM, we had decided to call it a night, and return home via 3:30AM(ish) train out of Penn Station. When we arrived (via taxi) at Penn, we found that this (regularly scheduled) train was not running, and that many other people who were also caught off guard by this were dozing in the halls of Penn Station.

Given that my girlfriend and I were somewhat intoxicated, we decide that waiting for 3 hours at Penn was a bad idea, and opted to take the subway to where we could stay with friends. To this end, we walked to a station, and came to the Metrocard vending machine to buy a pass. This is when the night turned sour.

The machine was not operational, and we were left at a bit of an impasse – we had very little prior NYC subway experience, and considering that it was getting late and we were running out of options, I (in my semi-drunken state) decided to duck under the turnstile to descend to the track.

Little did we know that right around the corner were two NYPD officers, who witnessed our act.

I attempted to explain that the machines were out of operation, but the officers were having none of it and decided to give me a TAB violation ($100 - paid). But things quickly got worse, as in my not-entirely-sober mental state, I continued to ask the officers for a report that the ticketing machines weren’t working.

Before long, one of the officers must have taken offense, and decided to arrest me. I was taken to the station in the back of a van (with the sirens on), put me in a holding cell and processed. Pretty scary for someone like myself, who has had no such experiences and is generally a stickler for propriety.

Finally, I was asked to sign a DAT, and then informed that I was being charged with Theft of Service: 165.15(3).

Long story short, I have to appear next week, and I’m somewhat worried about the way that this will go, as I do have a career ahead of me, and I can’t have anything like a misdemeanor besmirching my record. I understand that this is my own doing, and that I should have just quietly left after getting the TAB ticket, but it was just a very strange night that, frankly, is surreal even in memory.

Please advise on what I should expect, and any possible ways you see this scenario playing out.

[adjusterjack]

People are constantly posting here and proving over and over again that booze makes you stupid.

Your first mistake was ducking the turnstile.

Your second, and bigger, mistake was mouthing off to the cops.

Theft of service is likely a misdemeanor and a conviction, while not as bad as a felony, still gives you a criminal record that could follow you for life.

I suggest you hire yourself a criminal lawyer. Might cost you a bundle to get out from under this but it'll be worth it if you come out without a criminal record.

- - - Updated - - -

I can’t have anything like a misdemeanor besmirching my record. I understand that this is my own doing, and that I should have just quietly left after getting the TAB ticket, but it was just a very strange night that, frankly, is surreal even in memory.

A common occurrence with drunks.

Count on stuff like this continuing to happen if you keep drinking.

[Mr. Knowitall]

Theft of services under the facts provided, Penal Code Sec. 165.15, is a Class A Misdemeanor. Having talked your way into a criminal charge, the next hurdle is to try to talk your way down to a violation or other non-criminal charge when you speak to the prosecutor. Be prepared to show proof of payment of the TAB ticket. If you talk to a lawyer, discuss whether your resolution of the TAB ticket might preclude a criminal prosecution for what appears to be essentially the same offense - that's more research than I'm prepared to do at the moment, but sometimes a quasi-criminal charge will prevent the filing of a later criminal charge based on the same set of acts.

[slevit1990]

Thank you both for your responses.

I know under the circumstances that I didn't act in the best way and believe me, I wish I had that night back to do things differently.

Still, my fear is going in without an attorney for the first appearance date. Will I have anything to lose/risk in doing this?

[tc498]

I would suggest go in plead not guilty,see if they offer an acd . If not then hire a lawyer and chances are the lawyer can get you one. An acd will seal and dismiss all charges after 6 months. They might offer a reduction to disordely conduct which isn't a crime in new york but it's not as good of a result as an acd. Sometimes for 1st time offenders they offer an acd right away. You can also try telling your side and see if they throw the case out (it's a long shot). Your lucky b.c since it was a misdemeanor charge they could took you down to the police station.

[adjusterjack]

Still, my fear is going in without an attorney for the first appearance date. Will I have anything to lose/risk in doing this?

If your first appearance is just the arraignment where you plead guilty or not guilty then you probably don't risk much by going in without a lawyer.

Obviously, if you plead guilty it's all over but the sentencing.

If you plead not guilty, just say "not guilty" and then shut up until you talk to a lawyer.