How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16366
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

Arrested for a 140.10 for being in a public park drinking coffee

Customer Question

Arrested for a 140.10 for being in a public park drinking coffee with a friend at 9:15 pm. Officer went nuts when we didn't roll the window all the way down, yelled "I'm going to arrest you!" Pulled my friend from the car, pushed him against the hood put him in handcuffs and put him in his patrol car. Then he had me get out of the car and started grilling me with questions faster than I could even answer. Told me I was going in handcuffs too if I didn't talk! Second car came and I was put in that one. Oh, both of us gave drivers licence as soon as we were asked for them. Car was semi searched, they threw everyting out on the ground, but didnt search things like rolled up sleeping bag, but dumped the contents of my purse on the ground but didn't look at anything. Park is not fenced in to exclude intruders, there are some pieces of fence so people don't go into backyards. There are 4 entrance, officer said in report there were only two. Also, left the search of the car out of the report. This is in New York State.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Is there a specific question I could assist you with?

Customer : Yes I have already posted it
Customer : Ask A Question|My Questions|My Account|Contact Us Criminal LawAsk a Criminal Law Question, Get an Answer ASAP! Welcome to Live Chat! Your Expert has posted some information for you, but is not here in the chat at the moment. Review your Expert’s post and reply to your Expert or rate below to finish.<< More tips >> $50 - Arrested for a 140.10 for being in a public park Help Asked Today at 7:24 - Awaiting Customer ActionJACUSTOMER-3blqnn84-:Arrested for a 140.10 for being in a public park drinking coffee with a friend at 9:15 pm. Officer went nuts when we didn't roll the window all the way down, yelled "I'm going to arrest you!" Pulled my friend from the car, pushed him against the hood put him in handcuffs and put him in his patrol car. Then he had me get out of the car and started grilling me with questions faster than I could even answer. Told me I was going in handcuffs too if I didn't talk! Second car came and I was put in that one. Oh, both of us gave drivers licence as soon as we were asked for them. Car was semi searched, they threw everyting out on the ground, but didnt search things like rolled up sleeping bag, but dumped the contents of my purse on the ground but didn't look at anything. Park is not fenced in to exclude intruders, there are some pieces of fence so people don't go into backyards. There are 4 entrance, officer said in report there were only two. Also, left the search of the car out of the report. This is in New York State.Optional Information: Country relating to Question: United StatesState (if USA): New YorkWhat have you tried so far?: Hired an attorney, but court date was moved and he is not available. Oh, I've been studying for the LSAT.......good lunch with an arrest record!Urgency: MediumLevel of Detail: MediumSent to Criminal Law Experts Today at 7:24DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.JD 1992 offline2167 Positive RatingsMember Since: 7/11/2008Last Visit: 5/14/2013Feedback Rating: 98%Terms of Service | Privacy & Security © 2003-2013 JustAnswer LLCJD 1992 says:7:32 PMHello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.7:32 PMIs there a specific question I could assist you with?Customer says:7:37 PMYes I have already posted it
Customer : Ok is there anyone out there?
Customer : Thank you for no service
JD 1992 :

I was helping someone else but I'll go ahead and opt out since you apparently are in such a hurry that you you can't wait until I finish with them. Also, you didn't ask a question you just posted a bunch of facts.

Expert:  Zoey_ JD replied 1 year ago.

Hello,

I'm a NYS attorney. This is a B misdemeanor which at worst is certain to be reduced to a 140.05, which is also a trespass but is a violation and not a crime. If you wanted to dispose of it, you could pay a small fine and still be able to say that you'd never been convicted of a crime. It's the criminal court equivalent of a traffic ticket, and after a year it would seal by operation of law and would not be visible for most purposes.

Law enforcement could find it, however, and if you do go to law school and pass the bar, you'd be expected to disclose the violation to the Character and Fitness Committee. They might grill you hard about the circumstances but I know colleagues and even judges in this state who once upon a time had a criminal violation. It should not be an impediment to admission to the NYS bar.

However, you might be able to get an Adjournment in Contemplation of dismissal or even an outright dismissal if you show up with a lawyer. The outright dismissal (unusual) would be the best possible option, but it's not one you'd likely get without a lawyer.

As for the substance of the case itself, public parks all close by a certain time, and you are deemed with the knowledge of the laws of your state, whether that's true or not. The fact that the officer made a mistake as to how many entrances and exits to the park is unlikely to damage his credibility when, in fact, you concede that you were there after hours. Although you could also fight the case and that way challenge the search, no contraband was recovered, so nothing can be suppressed, and you would not appear to have a strong case as to the charge itself.

So get yourself a criminal lawyer. As you suspect, criminal cases can have lifetime consequences. If you try to play Perry Mason now and mess it up, you could likely become a lawyer with a misdemeanor conviction too, but it's a lot tougher and it might limit your options if you're counting on working for a good law firm.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.