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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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SEVERAL WEEKS AGO WHILE RIDING ON THE SUBWAY A POLICE OFFICER

Customer Question

SEVERAL WEEKS AGO WHILE RIDING ON THE SUBWAY A POLICE OFFICER ISSUED ME A PINK SUMMONS FOR ILLEGALLY HAVING A HANDCUFF. I TOLD THE OFFICER THIS WAS PART OF A KINKY SEX FANTASY. ALTHOUGH HE BELIEVED ME HE ISSUED ME A PINK SUMMONS
I HAVE A COURT APPEARANCE THIS WEEK TO ANSWER THE SUMMONS. SUBSEQUENTLY LEARNED I WAS IN VIOLATION OF 10-147 OF THE NYC ADMINISTRATIVE CODE WHICH CARRIES A MAXIMUM PENALTY OF 10 DAYS IN JAIL AND A FINE OF ANYWHERE FROM $50-$200. I HAVE NO CRIMINAL RECORD. MY ATTORNEY TOLD ME THAT IN ALL LIKLIHOOD THE CASE WILL PROABLY BE DISMISSED, ALTHOUGH I MIGHT BE FINED. HOWEVER I MIGHT BE ON PROBATION FOR 6 MONTHS.
ASSUME I HAD SOME PRIOR MISDEAMEANOR (THANKFULLY I NONE) WOULD THAT INCREASE THE LIKLIHOOD THAT I COULD GET SOME JAIL TIME 1 TO 10 DAYS.

ASSUME MY ATTORNEY IS CORRECT AND I VIOLATED MY PROBABTION WITH A MISDEAMEANOR CHARGE IWITHIN 6 MONTHS S THERE A GOOD CHANCE THAT THE JUDGE WILL SENTENCE ME TO JAIL AND A COURT OFFICER WILL HANDCUFF ME AND PLACE ME IN A HOLDING CELL AWAITING TRANSPORTATION TO RIKERS ISLAND.

PLEASE KEEP IN MIND BEING AN EXTREMELY NERVOUS PERSON I AM PROBABLY MORE FEARFUL TABOUT BEING INCARCERATED HAN MOST PEOPLE ABOUT.
I GET VERY NERVOUS WHEN I PURCHASE AN ITEM AND I CANNOT FIND MY RECEIPT.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

Hi

 

I have answered this question, as you presented it previously. I don't know if you have seen that answer or not. But to answer this question

 

If the possible sentence is up to 10 days in jail, you would not be placed on 6 month probation. If you were, however, and you violated, then the court could impose no more than the maximum sentence which is 10 days in jail. Again, I highly doubt you would ever to to Rikers for this offense. It is way to crowded.

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 

Customer: replied 6 years ago.
Relist: I APOLOGIZE THAY I DID NOT ASK MY QUESTION MORE CLEARLY.

MY LAWYER TOLD ME THAT THE CHARGE SHOULD BE DISMISSED SINCE I HAVE NO CRIMINAL RECORD.HOWEVER I MIGHYT BE ON PROBABTION FOR A 6 MONTH PERIOD.AND RECEIVE A SMALL FINE.
HOWEVER I WANTED TO KNOW IF I HAD PRIOR MISDEAMEANOR CHARGES WOULD THE JUDGE POSSIBLY IMPOSE A SENTENCE FROM 1 TO 1O DAYS INSTEAD OF DISMISSING THE CASE. . I GUESS IT MIGHT DEPEND ON TYPE OF MISDEAMEANOR THAT I WAS ORIGINALLY CHARGED WITH.
.
I APOLOGIZE THAY I DID NOT ASK MY QUESTION MORE CLEARLY.

MY LAWYER TOLD ME THAT THE CHARGE SHOULD BE DISMISSED SINCE I HAVE NO CRIMINAL RECORD.HOWEVER I MIGHYT BE ON PROBABTION FOR A 6 MONTH PERIOD.AND RECEIVE A SMALL FINE.
HOWEVER I WANTED TO KNOW IF I HAD PRIOR MISDEAMEANOR CHARGES WOULD THE JUDGE POSSIBLY IMPOSE A SENTENCE FROM 1 TO 1O DAYS INSTEAD OF DISMISSING THE CASE. . I GUESS IT MIGHT DEPEND ON TYPE OF MISDEAMEANOR THAT I WAS ORIGINALLY CHARGED WITH.
Expert:  Samuel II replied 6 years ago.

Hi

 

You could be fined, as I explained in my original answer to your original post in this matter. In this type of offense, if the misdemeanor was not for the same thing, then I do not see a judge will hold that against you

 

I agree with your attorney. The fine and 10 days suspended. As I stated, if you get 6 months probation and violate it the court still cannot impose any thing more than the max sentence which is 10 days in jail

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 

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