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Do courts send you mail if you have a summons for a violation (140.05) or you just show up.

Elmhurst, NY |

Also what are the chances of getting it dismissed i have no record at all. Can i avoid community service and the fine if its my first time getting a violation like this since its just a violation my parents dont know yet im kinda worried i want to deal with this by myself. Also does the court collect evidence or the pink summons is enough evidence ?

Attorney Answers 3

  1. The summons that you received is your notice to appear in court. You will not get anything else from the Court. If you received a pink summons community service is not in play. There may be a way to get the case dismissed. I suggest you retain a criminal defense lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. Mailing a summons does not comply with the service and therefore jurisdicitional requirements of the court. You should retain counsel to have the charges dismissed, as the court does not have jurisdiction over you or the case.

  3. There is no mail that will be sent to you. On the face of the summons shpuld be a date to appear as well as the location. You are right to be concerned. An attorney can keep this from affecting your record. Call with any questions. Law Office of Terri Kalker 718-793-1900

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