What happens if I haven't paid my MTA fine?: I have a friend who got finned with a MTA fine of $100 but she never paid it. Its been already 3 years can she going to jail for it. What can she do?
Andrew’s answer: The only thing she can do is pay it. She is not going to jail for the fine but, it may follow her and effect her ability to do various different things since the city May try to collect it from funds that might be going to her otherwise.
Can you sue once an ACD finishes?:
My car was searched on 10/30/18 because I was parked infront of a clients house I just signed up for solar and I’m finishing putting in the info
The officer claimed it was mischief night and that was his probable cause , then when I asked what was that I never heard of it ( I’m from the Bronx) he then explained and I said I’m not doing any of that and showed him all my logos for my company and phone and notes ... then he said it smelled like weed .. thats his new probable cause he searched the car and finds 3 grams in my back seat in a book bag and I know the car didn’t smell like weed because it was a brand new rental ... so now with the back story I wanted my legal aide to push for a non guilty plea but instead he told me to take a 1 yeAr ACD .. I want to know if I can sue once my ACD is up because it is a case that’s dismissed along with illegal search
Andrew’s answer: The ACD bars a law suit for malicious prosecution, but does not preclude a false arrest claim. Unfortunately, you may have an issue with timeliness, as you have to file a notice of claim to sue the City within 90 days of the incident. For a false arrest claim the 90 days starts to run from the day you are released from jail. However, there are also potential federal claims that you might be able to bring, which does not require a Notice of claim. In short, this are of law is complicated and filled with pot holes for the unwary. Consequently, you should contact an attorney as soon as possible to make sure that your rights are protected.
What is the court process for getting arrested from Walmart for petit larceny? : I got caught taking some items from Walmart totaling to about $60 and the police were called. I was then arrested and I got a Desk appearance ticket to go to court. What should I expect in court? What should I say? I cannot afford a lawyer. How should I plea? Will this stay on my record? Is there any way this can be reduced or maybe a first-time offender program will be offered?
Andrew’s answer: If you cant afford an attorney, the court will appoint one for you. If this is your first time, the matter is likely to be resolved favorably to you, either through an ACD, a violation, or some other disposition. There may be some form of condition imposed such as community service. Just listen to your appointed attorney and follow his/her advice.