Expert: Robin Sexton - 7/16/2008

Question
"Hi, I recently received a ticket for unauthorized presence in a park. When the park police announced that the park was closed, I was sitting too far away to hear, so I continued to sit in the park. The park closes at 9:00 PM, and I was sitting, talking with a friend until 10:15 PM. We got up to leave, and then the park police came and stopped us, and said that we were in the park after hours. I had no prior knowledge of when the park was supposed to close becuase I did not take care to notice the sign outside of the park when I entered. (Violation of New York Kings County Section 103.A3)

I am 17 years old and going to college in September. I have once been fined for Metrocard issues. What should I do? Should I plead not guilty or guilty? The summons asked me to go for a criminal court. How do I go to ask for a change of the summons date? How will it work? Will there be a jury or a judge? How can the case be dismissed, especially when I've once been fined? What is the most severe punishment for something like this? Please help. Thanks!

Answer
Anna,

calm down, it appears that this is a very minor issue.  If you have a problem with the date you can call the court and see if they will reschedule.  I would suspect that IF you plead guilty it would be fine and nothing more.  Multiple minor violations like this don't really increase penalties. in some jurisdiction they are called civil ordinances a much less classification of offense, think parking ticket type thing.  I can't advise you on what you should plead.  These type of issues are normally just before a judge or a magistrate, there is no trial on normally even a prosecutor.  If you appear before a judge or magistrate you can explain the circumstance. Sorry for the cliche but they have heard it before.  This type of offense does not normally go on any permanent record it appears to be a county ordinance.  I would suspect that you could even call the court ask what the fine would be and pay it by mail.

Make a couple of phone calls to the court and they should give you some info.

Good luck

robin