Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I was arrested in NYC 165.15.03. I felt it was overdone to

Customer Question
I was arrested in NYC...
I was arrested in NYC for PL 165.15.03. I felt it was overdone to give me an arrest record and possible criminal charge when I didn't intend to use my mother's discounted metro card but accidentally did in a crowded station because I refilled the card for her and it was in my wallet over my own card. Instead of giving me a summon, the office insisted to arrest me saying he can't be sure i didn't still the card. I would like to know if there is any chance to 1)dismiss the case 2)erase the arrest record? What should I expect at my DAT court appearance? Thanks.
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 9 minutes by:
11/9/2015
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience: Attorney at Law Offices of Khaled Issa
Verified

Hello:

It appears there are two issues you are concerned about First, is the actual case. Second, whether you can erase (otherwise know as expunge or seal) your arrest.

As to the first issue, you were charged with theft of services. This is a common charge in large urban areas with public transportation. I do have a question. If your mother's card was filled with adequate funds, theft of services would be the wrong charge. My assumption is that you used a filled card to actually enter past the last point of purchase area. Generally, when there is a theft of services charge in a situation like this, it is the usual "jumped over the turnstyles" kind of situation.

Perhaps you can give me a little more information about what occurred and I can better assist you on that end.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Hi,
you are right about my confusion. Everything aside, I entered the subway paying a fare. NYPD officer who stopped me first told me he was going to give me a summon. But after talking to his colleague he told me it is a mandatory 12 or the code they used for arrest. I know was not supposed to use a discounted card, but I didn't steal service. I paid.
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

I understand. They are claiming that you used an improper card to enter the subway. This actually does qualify as Theft of Services. However, they have to prove an essential element of the offense. They have to show that you attempted to deceive your way into the subway. The important thing here is that the State has the burden of proof to show that you knew of the deception. Unless you gave statements to police to the effect of "Yes, I knew it was my mother's, I just wanted to save money" then it would be difficult for the State to bear the burden here. If this was an accident, the law will not hold you criminally responsible for this offense at least.

However, regardless of the first issue, you may qualify for an expungment or sealing. With minor, non-violent "offenses" like these, and a clean criminal background such as you have described, an attorney may be able to negotiate any one of many outcomes wherein you can qualify to remove the arrest and ticket from your background.

Because expungment and sealing laws are so state intensive (i.e., every state can be drastically different when it comes to qualifying for an expungment or sealing) it would be very prudent to discuss this portion of your questions with a local attorney who is very familiar with the requirements in place in New York. This is so because, although some outcomes in the criminal case may seem favorable initially (for instance, no fine), the actual outcome may affect your ability down the road to remove the arrest and charge from your history.

I hope that I have been able to assist you. If you have any follow-up questions, feel free to ask. Otherwise, please leave positive feedback. Thank you!

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Thank you for taking your time to answer. I was hoping to have a NY lawyer answer the question in detail extend on the matter. I feel confident to receive ACD on the case but I need to know what does sealing the case means after the probation period? Even if the criminal case gets sealed, will I still have an arrest record? If anyone ever asks me of criminal history and arrest record in the future after case is sealed, can I reply no or will they be able to see it on background check? Thanks.
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Sure. For this portion, please understand that I am relying on Illinois law. However, the end result of an expungment/sealing is generally the same. Expungments are orders that all documents regarding your arrest and prosecution be destroyed. That includes by law enforcement as well. This will mean that both the public (for job application purposes) and law enforcement will not be able to see the offense and arrest. Sealing on the other hand means that the documents are not accessible to the public, but still can be seen by law enforcement or prosecuting entities.

So if you were able to expunge and/or seal the matter, and you applied to a job with a public employer or someone asks you if you have been arrested or charged, you do not have to disclose the arrest or charge. A state run background search will also not reveal any arrest. Unless you outright beat the case, or it is outright dismissed, you can apply to expunge/seal immediately. However, sometimes there will be a waiting period. This waiting period depends mainly on the outcome of the case and state law. If the outcome is an ACD, you will be allowed/eligible to seal or expunge the matter after, and only after, the period of ACD.

However, you must be aware that there is no federal expugement or sealing law. If New York allows you to expunge or seal this arrest, the federal government does not, and will not, destroy the records, as they are under no requirement to do so.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Thank you. When you said federal level which is something I haven't thought of, what dos it mean and when and where will this show up?
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Arrests and convictions are stored by state law enforcement and federal law enforcement. So, for instance, if law enforcement in the State of New York run a background check on you after the ACD and expugnement/sealing, the arrest will not show up. But if federal agents (FBI, ATF, etc) run a background check on you, it will show up. Also, if, hypothetically, you were arrested and charged on the federal level, and the judge asks about your background, the prosecutors for the federal government can tell the judge about it.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Do you know if it will come up on FINRA or SEC background check?
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

While I am not 100% certain (depends on which criminal history search they do, state or federal), the application will usually ask you to disclose convictions. ACDs will not lead to conviction. So if they do a search and it has not been expunged, whether it is state or federal, the arrest will show up.

However, in this situation, I would be more concerned with "crimes of moral turpitude." These are offenses usually relating to an individual's character. These include: theft, forgery or any crime involving dishonesty. Theft of Services does fall within the penumbra of a crime of moral turpitude. Again, however, if there is no conviction, you will not have to worry about this. If you are concerned with even an arrest (which usually won't disqualify you from certain things), I would obtain an attorney to negotiate an amendment to the offense to something not relating to moral turpitude, then obtain an ACD and eventual expungment.

It is always best to be honest on these types of applications, especially with federal applications as you cannot be certain which database they will tap into. Again, the best outcome in your case will be: an ACD of the initial charge (preferabbly an amended charge) and expungment. In that case, on your application, you can indicate that you have not been convicted of a crime and it would not be a lie.

Ask Your Own Criminal Law Question
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Furthermore, as I understand it, FINRA applications regarding criminal matters only request investment or investment related offenses. Your charge here would not fall under these areas.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
That would be great. I am already registered with them but asking for future references. I take it as once my case is sealed(cross fingers), I do not need to disclose ever being arrested if anyone asks?
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

For the most part, that would be correct. It would be important to listen to (or read) the question carefully. By law, only certain employers are entitled to ask about sealed offenses (prosecutor's office, law enforcement, applying for a weapons license, federal government security clearance, etc.). Since it doesn't seem that you are attempting to obtain employment at one of these locations, you will not be asked about sealed or expunged offenses/charges. You'll only be asked about convictions.

Also, keep in mind some jurisdictions require you to file a separate Petition or Motion to expunge or seal, as it is not automatically done. As for this, it would be wise to speak to a New York attorney after your ACD is completed. Most attorneys do not charge for a telephone consultation. They can let you know if it is sealed immediately and automatically, or if you have to complete additional steps after the ACD term to seal/expunge.

But, to again answer your question, you would not normally have to disclose an ACD arrest unless specifically asked by an authorized agency as I described above.

Hope that helps!

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
It certainly helps. Thank you. Do you think I need to obtain a local lawyer for court appearance or can I request for a public one? For public, when do I make that request? For ACD,do I need to plea guilty first or what's the correct step
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

As I understand the nature of the offense, it is a misdemeanor, which means, because it is an offense punishibale by jail, the law allows you to obtain a public defender if you qualify. You may ask for a public defender on your court date. If your request is refused due to you not qualifying for one, you have the right to request a continence to hire your own attorney. I WOULD HIGHLY ADVISE YOU TO HAVE AN ATTORNEY. This is to make sure that you obtain the correct disposition so your offense would be sealed, which would hide the matter from the public view. You can also speak with this attorney regarding if the arrest can also be sealed/expunged.

You don't want to find yourself in a situation where you thought you were getting something in Court, only to find out that you received something different. This is where an attorney can help you while you are in Court, because you only have one chance to obtain a certain disposition from the Court.

As for the correct steps, I must admit I am not that familiar with it as I am not a New York attorney. However, I do know that the case is pretty much "put on hold" for usually six months and, if you do not get arrested and comply with all other requirements that may be imposed, the case will be dismissed. Whether or not there is a plea, I cannot be sure.

Ask Your Own Criminal Law Question
Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
585 Satisfied Customers
Experience: Attorney at Law Offices of Khaled Issa

Legal-Kal is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was arrested for a misdemeanor theft/ shoplifting, I do
I was arrested for a misdemeanor theft/ shoplifting, I do not recall being read my miranda rights , do you think I would have a case to get it thrown out.. Also noticed on some of my paperwork that th… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
It began with a misdemeanor d.u.i. in Nevada 2011, no
Hello it began with a misdemeanor d.u.i. in Nevada 2011, no accident,non violent, non drug. Because of policy change in 2010 my charge was changed to a felony in 2012.I am dual citizen with now a curr… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
I was convicted of a non-violent crime, that was unrelated
Hi I was convicted of a non-violent crime, that was unrelated to children. My kids school is now saying that in order to volunteer all parents are required to submit a livescan background check. Will … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
12 years ago i received an A misdemeanor for theft but only
12 years ago i received an A misdemeanor for theft but only last year i found that the court house had me filed as a felony for 12 years!!! i never understood why i was rejected from fire departments … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I was tried in a criminal case in 2011 for grand theft from
I was tried in a criminal case in 2011 for grand theft from my employer. My adjudication was withheld, I served 1 year in. Work release I am paying restitution and I am on probation. The company I wor… read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am trying to find out if misdemeanor theft can be expunged
I am trying to find out if misdemeanor theft can be expunged in MD … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I have been charged with a misdemeanor for retail theft, and
I have been charged with a misdemeanor for retail theft, and when I showed up for my court date, the judge rescheduled my court date and told me to get a lawyer. Should I go with a lawyer or a public … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Originally a Phoenix Municipal Criminal misdemeanor, I was
Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Couns… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: 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 (last updated February 8, 2012).

DISCLAIMER: 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 (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x