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Pink Ticket Summons, Disorderly Conduct 240.20 (violation), 346 Broadway, NYC

New York, NY |

I appeared in court for my arraignment on the date written on the summons.

The check-in window clerk was stymied. He confirmed the date on the summons was indeed, 24 Apr, however the date entered into the system was for 9 Jun . He told me I'd have to come back on that date. I asked, since I was already there on the mandated date, could I proceed? "Nope, paperwork's not here yet".

The violation 240.20 (1). I'm a person of a certain age and the only ticket I've ever seen has involved a parking meter. An officer didn't like my attitude during a 15 second exchange, he was rude, I was sassy. No profanity, personal attack, alcohol, drugs, public peeing, open container,..

There is no prosecutor in this court. Who do I address prior to my 10 seconds before the judge to get this dismissed?

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Attorney answers 2

Posted

If the summons was returnable on April 24 and the paperwork was not ready, you may have a speedy trial argument for dismissal. That would be the law if you had been given a Desk Appearance Ticket, where the speedy trial clock begins to tick on the day you appear in court pursuant to the D-A-T. I have not heard of this coming up in the context of a summons but the same argument can be made -- you were given a summons to appear on a certain date and you did but the paperwork was not ready and therefore the clock began to tick. You are charged with a violation, which has only a 30 day speedy trial clock.

The above is for informational purposes only and not meant as legal advice.

Asker

Posted

Doesn't that nullify the summons your honor?

Asker

Posted

The case was dismissed.

Eric Edward Rothstein

Eric Edward Rothstein

Posted

If you are asking if the delay nullifies the summons, I said originally I've never seen this happen with a pink summons but I think the argument can be made. No need to call me "your honor" as I am not a judge. Eric Rothstein Sent from my Verizon Wireless BlackBerry

Eric Edward Rothstein

Eric Edward Rothstein

Posted

Congratulations. Did you seek dismissal on the speedy trial argument? Eric Rothstein Sent from my Verizon Wireless BlackBerry

Asker

Posted

Yes, speedy trial was used successfully, thank you. I tried to post the explanation, but it only posted "Doesn't that nullify the summons your honor?" which is what I asked the judge after citing the Crim State Statute.

Posted

At 346 Broadway, the police officer prosecutes the summons and the judge is the one to offfer a plea bargain or preside over any trial. If you have an attorney, he can review the narrative on the back of the court's summons and determine whether there is any basis to move for dismissal.

Best regards,

Tom Kenniff
646-596-6555

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