Thinking of those arrested, could this tie up the courts? Another way to protest?

[uppityperson]

Edited to clarify.

Reading that there were 700ish arrests yesterday in NYC, and that most were out already with a "criminal court summons", makes me wonder how this will tie up the courts if they all ask for a hearing rather than simply paying a fine. I am sure that some would simply pay whatever and mail it in, but wondering. What sort of statement would it show to have all them ask for a hearing vs paying a fine. Thoughts?

I woke thinking of all these people not bailing themselves out, but taking the time to sit and wait in another form of protest, but that didn't happen.

http://www.bbc.co.uk/news/world-us-canada-15143509
"Most of those freed were given citations for disorderly conduct and a criminal court summons."

[Inuca]

1. Most were given citations and then released

http://www.forbes.com/feeds/ap/2011/10/02/general-us-wall-street-protest_8712172.html

[uppityperson]

2. I read that. Does that mean they can either pay a fine or go to court, like a traffic ticket?

If they all go to court, think of what sort of statement would that be. 700 people asking for a hearing vs paying a fine.

[Inuca]

3. No idea

I got citations for speeding, never for "disorderly conduct" :-)

[FarCenter]

6. Max penalty is $250 fine and 15 days, so if offered to dismiss for $20 costs, take the dismiss

Looks like you have to appear in court. If you don't appear, they probably issue a bench warrant.

[MineralMan]

8. Nobody will be going to jail. Contesting this is the way to go.

Odds are high that nobody will be in court to testify against you, which means a dismissal. That's how these things are often handled. You get the citation, a record of being arrested, and the judge dismisses the case for lack of evidence. Paying the fine is OK, too, but it's really good when lots of people show up and demand hearings.

NYC isn't going to put those people in Riker's. Too expensive and not enough room.

[FarCenter]

9. Desk Appearance Ticket (DAT) or Summons in New York City

The NY criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC have handled a significant number of Desk Appearance Tickets (DATs) and "pink" summonses for our clients. In Manhattan, these cases are often dealt with at 100 Centre Street, 346 Broadway ("pink" ticket / summons court) or at Midtown Community Court. Whether the summons or Desk Appearance Ticket (DAT) charges you with Shoplifting Petit Larceny (NY PL 155.25 or NY PL 165.40), Marijuana (NY PL 221.10), Drug Possession (NY PL 220.03), Theft of Services (NY PL 165.15), Assault (NY PL 120.00), Trespass (NY PL 140.10), or even Disorderly Conduct (NY PL 240.20), the ramifications of mishandling the Desk Appearance Ticket (DAT) is no different than if you were arrested, booked and put through the criminal justice system. That means, you can still end up with a criminal record even though you were merely given a "ticket" for a criminal act.

http://www.newyorkcriminallawyer-blog.com/2010/02/desk-appearance-ticket-dat-or.html

---

From other sources, Manhattan judges handle about 80 criminal cases per day. So they must move them right along. There is no jury trial for these offenses.

[MineralMan]

10. Yup. That's about right.

I figured that was how NYC handles it. So, the thing to do is to show up and argue your case. It's worth doing. I'm sure the movement will have attorneys available at the appearance time shown on the DAT. Someone's bound to want to help. If you can, showing up is a great idea. If you must leave the city, you'll probably have to pay a bail forfeiture, instead. And you're right. Ignoring these tickets is a bad idea, and one that will have later ramifications.

[MineralMan]

4. I believe the citations let them ask for a hearing. Like a

traffic ticket, you can show up and plead your case. You're not going to get a jury trial for this misdemeanor, but you can insist on being heard. There may be an option to forfeit bail, like you can do on a traffic ticket, but I'm not sure how NY handles that. I am certain, though, that you can request that your case be heard. If no accuser (cop) shows up, the case will likely be dismissed, and that's probably how this will be handled. Nobody will show up and the cases will be dismissed. It's pretty common. In fact, they may do a blanket dismissal before the actual appearance date to avoid having so many people show up and clog the system.

We'll have to wait and see.

[uppityperson]

5. Thank you. Thinking about all 700 showing up at once.

thanks

[ProgressiveProfessor]

7. Pretty much they can try to choke the court system

However, whom does that really hurt or even inconvenience?

[MineralMan]

11. That's why contesting these tickets is so important.

It inconveniences the system. Therefore, your ticket will almost certainly be dismissed. Disorderly Conduct in NY is not a crime. It's just a violation. They are not going to want to go to the trouble of even a brief hearing, which you can demand when you show up at the time on the ticket. That costs a bunch, and will almost certainly end up in a dismissal, since no cop will appear to testify in a case like this one. So, most of these, if contested, will simply be dismissed immediately. IN fact, it's very likely that they'll be dismissed in advance of the appearance date.

Then again, it's also pretty likely that a lot of people with these tickets did not provide accurate information as to their identity. Such people can safely ignore the ticket. Even if a warrant is issued, which is what can happen if you don't appear, if the identity is incorrect, nothing will ever come of it. NYC isn't hunting for people to arrest over a Disorderly Conduct violation. Each person must decide for him or herself. An outstanding warrant, however, in your name is a real hassle, and something you definitely want to avoid.