Re:What I learned from an unfortunate incident with the NYPD
by nickfarr on Sunday March 02, 2014 @11:09PM
(#7331999)
Bear in mind, I didn't get a ticket from the Stop-And-Frisk incident, I got one for trespassing in Central Park a few months prior.
I plead not guilty because I was TOLD by the Police Officer that the ticket would get thrown out. I assumed this meant that the officer would not appear were I to appeal it, and when the officer appeals it gets thrown out.
What I didn't know is that the "ACD" option--Adjournment in Contemplation of Dismissal--was not offered to be at my arraignment. The first magistrate I saw wanted my $25, and didn't say a thing about throwing the ticket out. Not knowing my rights at the time (i.e. the ACD option), I plead Not Guilty.
Turns out the officer did appear and I was offered ACD. Had I continued with the trial, I would have made a point of the officer's statement saying that "this ticket would get thrown out as long as you appeared".
I plead not guilty because I was TOLD by the Police Officer that the ticket would get thrown out. I assumed this meant that the officer would not appear were I to appeal it, and when the officer appeals it gets thrown out.
What I didn't know is that the "ACD" option--Adjournment in Contemplation of Dismissal--was not offered to be at my arraignment. The first magistrate I saw wanted my $25, and didn't say a thing about throwing the ticket out. Not knowing my rights at the time (i.e. the ACD option), I plead Not Guilty.
Turns out the officer did appear and I was offered ACD. Had I continued with the trial, I would have made a point of the officer's statement saying that "this ticket would get thrown out as long as you appeared".