Legal Question in Criminal Law in New York

Given pink summons for Fare Evasion(6861 sub 4) and trespassing (140.05) at PATH station NYC.

My wife, 10 month old baby(in a stroller) and myself reached the PATH train station, she held her path card and tapped it and I followed her tapping my card. We did not realize

that her tap had not worked and it was my tap on the reader that actually opened the channel until a cop called me from behind saying that I had not paid the fare. Since there was

rush and the baby in the stroller was fuzzy being his sleep time (around 9 PM) we did not pay attention that we missed out on paying for atleast for one of us.

If at all this happened, it was not intentional, it was circumstantial and happened unknowingly and I had no intentions to evade the fare.

I have been asked to appear at a Criminal court in NY and have been charged with Fare Evasion(6861 sub 4) and trespassing (140.05).

I believe I am not guilty of either of the two offenses.

What should I ask for at my first date at the court ? Can I plea for a dismissal or ACD ?

Will this go into a trial ? and what are my chances of getting this dismissed ?

Are these just violations or will these enter my criminal records.

What is the penalty I am likely to face if convicted ?

I am currently on H1B visa, will this affect my Green Card processing and naturalization thereafter ?

Would appreciate any information/help on this matter.


Asked on 11/08/11, 7:57 am

1 Answer from Attorneys
peter bark bark & karpf

On your fact pattern you committed no crime. It sounds like a malfunction of your wife's card and since your card worked you are not responsible for her card. Unfortunately, with immigration matters you must disclose the summons, even if it is dismissed.

Peter Bark- [email protected]

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Answered on 11/08/11, 3:14 pm


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