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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16042
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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17 year old is charged with misdemeanor "b". On the railroad

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17 year old is charged with misdemeanor "b". On the railroad platform he jokingly told friends he would lie down on the tracks if the train was really 4 hours late. Overheard by RR. employees and arrested by Fairfield police. What is your best guess as to the disposition of this case?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.
Hi,

My name is XXXXX XXXXX I am a criminal lawyer.

Please use the reply tab below and tell me exactly what the charge is. If you have the penal law section, that would be great, but just the name of the offense will be fine.

Customer: replied 10 months ago.


BREACH OF PEACE. STATUE 53a ordinance #182. HANDWRITING ON TICKET IS BAD---53a could possibly be 539. Paul

Expert:  Zoey_ JD replied 10 months ago.
Hi,

Thanks for the quick reply.

Assuming that your 17 year old told you everything that transpired I don't see how the state could sustain this charge and I would expect it to be dismissed.

Here is the statute under which he has been charged. (see link) Although he technically did threaten to commit an offense, unless this whole thing was far more dramatic than your son let on, I don't see much coming from this other than a lecture from a judge.

However, because it is a criminal offense, and because teenagers don't always put the most accurate spin on the troubles they get into, you'd be wise to have him come in with a lawyer. Criminal cases can have lifetime consequences.

Worst case scenario would likely be some kind of a diversion program where he'd be supervised, have to do community service, pay fines, and accept accountability for his behavor and stay out of trouble during the supervisory period, after which everthing would be dismissed. But depending upon the facts and circumstances this may have to be negotiated. So again, a lawyer is a good idea.

Given he's got his whole life ahead of him, it's better to be overcautious and protect his rights and future than to send him off to face the judge alone.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16042
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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