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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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Belief it or not - but i got a pink summon in NYC for jaywalking.

Resolved Question:

Belief it or not - but i got a pink summon in NYC for jaywalking. Now i leaf the country for good next Friday, and i can't settle this with a fine (went to the court yesterday) and they suggest me to sent the judge a letter. Any other suggestions how i should handle this?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Welcome and thank you for your question!

I am sorry to learn of your experience. You can write a letter to the judge explaining how you plan to be moving out of the country (enclose proof), and ask that you be allowed to plead guilty by mail. Be sure to include your new address so they know where to send future correspondence to you.

Alternatively, you can hire a local attorney to try and handle the ticket for you in your absence.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 4 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok so the letter is one way of deling with this. I tried calling the number on the paper they gave me but was just full v-mail and disconnect. Can you confirm that dealing with the coart at this moment any further doesn't bing anything. Nor going to the policy station and settle it there.

On the letter, i have a draft - can you review that? and should i send it by mail certified or bring it and ask for a confirmation of receipt or both. Clerk said judge won't look inot it earlier than one week prior the hearing wihich is August 28th.

Do i need to plead guitly? I currently said:

"Please inform me of the fine you would like me to settle for the offence, which I choose not to contest. I did cross the street in the center of Broadway on an unmarked section to enter the subway station, although traffic lights for the street where Red (and White for the pedestrian to cross it) and I belief I did not create a dangerous situation nor did I do a diagonal crossing – I concur it was just unwise to cross the street on that section (which I normally never do) and regret and apologize that I did so."

What if the judge doesn;t allow it to be handled by mail - or is that a very unlikely scenario.

On having a laywer bing present. I have a collegue who offered to be there just in case my letter got lost or never made it to the judge. Would that work? Or do i need to have a PoA (you have one?)

If i want to hire a lawyer - how do obtain one and would a flat fee apply?
Expert:  JB Umphrey replied 2 years ago.
I'm sorry, I do not understand what you mean by this ". Can you confirm that dealing with the coart at this moment any further doesn't bing anything" Can you please clarify?
Customer: replied 2 years ago.
Sorry - i mean going back to the coart or calling them asking for a fine settlement or a different procedure to get to end of job. Like trying to get a chance to talk to the clerk to ask for guidance. Likely the answer is the same - send a letter. It is unlikely that they will/can deal with the matter in a swift practical way, such that i can deal with it prior me leaving the country next friday. BTW below is the draft letter: CRIMINAL COURT OF THE CITY OF NEW YORK SUMMONS DIVISION XXX XXXXXXXX XXXXXXXXXXXXXXXXXXXXX New york, June 21 2012 Peter xxxxxx. Dear Judge (Your Honor), Please Adjourn my case scheduled for August 28th at 9.30 am – concerning Jaywalking (summons XXXXXXXXX 8) as i have left the USA permanently as of June 29th 2012, after a stay of almost 2 Years as an International Assignee for my USA based employer. I am a Dutch citizen (see ID’s) and I will live with my Family in Prague, Czech Republic as of July 1st for my next Assignment for the same Company. I went to the Court at 346 Broadway today to pay the fine associated with this offence, as the Police Officer who issued it to me said was the procedure. However when I arrived this morning at the Court I was informed I could not pay a fine to settle for this, but that I have to send you a letter to address the situation. Please inform me of the fine you would like me to settle for the offence, which I choose not to contest. I did cross the street in the center of Broadway on an unmarked section to enter the subway station, although traffic lights for the street where Red (and White for the pedestrian to cross it) and I belief I did not create a dangerous situation nor did I do a diagonal crossing – I concur it was just unwise to cross the street on that section (which I normally never do) and regret and apologize that I did so. I will make sure that the payment for the fine will be done by me or on my behalf. Any correspondence can be addressed to my emailXXX@XXXXXX.XXX to close out the matter appropriately as I have no living address anymore in the USA. I have attached my new address in Prague if that would be an option or alternatively use the mail address of a friend who lives in New York, which I can provide if that would be preferred. Thank you for your understanding and consideration. And I sincerely XXXXX XXXXX any inconvenience I have caused. Next to being embarrassed to be in such a situation as this it is completely new for me, as I have never been summoned into a court anywhere for any offence I might have incurred. Its unfortunate that I’m moving so I can not deal with the issue in person as summoned, but clearly will do my utmost to comply and take responsibility for my repentance in the matter, which I hope can be resolved by mail correspondence. Your sincerely, XXXXX Attached: - The original Summon - Copy of my Dutch Driving license (I used as ID) and my Passport - Copy of my airline ticket to confirm me leaving USA and moving to Prague as of July 1st 2012. - My new Correspondence address In the Czech Republic.
Expert:  JB Umphrey replied 2 years ago.
Thank you. You have raised a couple of different issues and I will address them in no particular order:

1. You can only have an attorney go to court for you. A POA cannot do anything for you on a pink summons. If you need a referral, you can contact your local city or county bar association for an attorney referral (just Google them and you will find their contact information).

2. If you are going to leave the USA permanently, then an adjournment is of no use to you. An adjournment means that the court date is re-scheduled for a later time. Rather, you just want to deal with your citation via a fine, correct? If that's the case, then your letter needs to explain to the judge:
a. You received a citation for XXXXXXX
b. Your court date is scheduled for XXXXXXXXX
c. You are unable to attend the court date because XXXXXXXXX
d. You asked the court clerks for an earlier court date but they declined to accommodate you.
e. You would like to resolve this matter via mail. By this letter, you are willing to plead guilty, waive your right to a hearing, and ask that the court notify you of any fine and you will promptly send payment.
Enclosures (what you listed is great).

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Customer: replied 2 years ago.
ok this is very helpfull. Thanks. Now as i will likely get a respons late (ie skipping over the hearing date august 28th) do i still need to have a laywer to be safe. Or would the letter suffice. Shall i bring the letter or mail it (to have proof) what works best.

In your note you indicate that i didn;t get a earlier date. Did not know this was a possibility - is it worth attempting for the week i'm still here? or is that not worth the effort given its to short.

Also your letter is nice and short. i like that - is that also better?, mine i made more applogetic and submisive to show i really want to settle this and move on.
Expert:  JB Umphrey replied 2 years ago.
It should be fine for you to mail the letter, with delivery confirmation (this way you have proof that it was received).

Be sure that your letter includes what your new mailing address, e-mail address will be at your new location so that they have a means to follow up with you.

Yes, you can ask the court clerks for an earlier date. They may say yes/no. You won't know unless you ask. Give it a try!

Yes, nice and short is good. Judges usually don't spend much time reading things so you have to make it crisp and to the point!

Best wishes!
Customer: replied 2 years ago.
ok one final question - If i send the letter and i have confirmation of it, but somehow its not recieved or seen by the judge and the hearing takes place and i'm or my representation is not there do i still risk of getting a warrent and a criminal record? Thats the only thing a worry about. I will need to travel to us more often don't want any issue at customes etc. thank you.
Expert:  JB Umphrey replied 2 years ago.
Yes, you still run the risk of having a warrant issued for non-appearance.

However, after the court date and if you haven't heard back from the court, you can still call the to follow-up with them. Or, again, hire a NYC attorney to try to work it out for you and have the warrant set aside.

Safe travels!
Customer: replied 2 years ago.
ok thanks - just to be safe i understand your answere: hire a NYC attorney in the case i have a warrent for non- appearance, instead of right now to prevent of having one. (As the letter most likely should do the job)

Thanks.

How do i close out - so you get the credit of 50$?
Expert:  JB Umphrey replied 2 years ago.
You can hire an attorney now if you want to. It's up to you. Totally up to you. I am hoping that the letter will do the job for you. But, I am not queen!!!!!!!!!!!
Expert:  JB Umphrey replied 2 years ago.
I'm just following up with you to see how everything is going.

Did I answer all of your questions or do you seek additional information?

Please let me know if there is anything else I can provide to give you excellent service!"

Otherwise, please be sure to provide a rating for the information I provided so that I receive credit for assisting you.

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If you experience any problems in providing a positive rating, please reply and let me know. Thank you!
Customer: replied 2 years ago.

below the letter i send with receipt confirmation - Do you know if the judge reads the letter as soon as he/she gets it - or do they wait till the hearing. I ask because i need to know if i should try to reach the clerk prior to see if all is arrived. ==== Dear Judge (Your Honor), I received a citation for Jaywalking (summons XXXXXXXXX 8). The court date is scheduled for August 28th at 9.30 am. I am unable to attend because I will have left the USA permanently as of June 29th 2012, after a stay of almost 2 Years as an International Assignee for my USA based employer. I am a Dutch citizen (see ID’s) and I will live with my Family in Prague, Czech Republic as of July 1st for my next Assignment for the same Company. I went to the Court at 346 Broadway today to pay the fine associated with this offence, as the Police Officer who issued it to me said was the procedure. However when I arrived this morning at the Court I was informed I could not pay a fine to settle for this, nor was it possible to have an earlier court, but that I have to send you a letter to address the situation. Given my situation of leaving the country I hope you are willing to resolve this matter via mail. By this letter, I am willing to plead guilty, waive my right to a hearing, and ask that the court notify me of any fine. I will make sure that the payment for the fine will be done by me or on my behalf. Any correspondence can be addressed to my private emailXXX@XXXXXX.XXX or my business emailXXX@XXXXXX.XXX to close out the matter appropriately as I have no living address anymore in the USA. I have attached my new address in Prague if that would be an option. Thank you for your understanding and consideration. And I sincerely XXXXX XXXXX any inconvenience I have caused. Next to being embarrassed to be in such a situation as this it is completely new for me, as I have never been summoned before into any court anywhere. Its unfortunate that I’m moving so I can not deal with the issue in person as summoned, but clearly will do my utmost to comply to what you ask of me to do, which I hope can be resolved by mail correspondence. Your sincerely, XXXXX XXXXX Attached: - The original Summon - Copy of my Dutch Driving license (I used as ID) and my Passport - Copy of my airline ticket to confirm me leaving USA and moving to Prague as of July 1st 2012. - My new Correspondence address In the Czech Republic.

Expert:  JB Umphrey replied 2 years ago.
The judge will not read it right away.

The reason why you mailed the letter with delivery confirmation is so that you can check online with the post office to make sure that the letter was delivered/received.

https://tools.usps.com/go/TrackConfirmAction!input.action

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Handling criminal and probation matters for over 14 years.