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Question: Criminal Defense - New York

Asked on 10/18/2009
Open Container violation Issue ?
Hey i got a ticket for an open container violation. I'll have to pay a $25 fine if i want to plead guilty but i dont want to. I have a court date on Dec 7. What are the chances that i will get this case dismissed and off my record if i get an attorney ? i need to have this case dismissed and off my record because im in the military and this job i want states that i must have "No convictions by special or general courts-martial or civil courts (except minor traffic violations); I am 21 but theres no ID number on the pink slip

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Answers (2):

M.D., Member in Good Standing of the California and New York Bar


An open container offense is considered to be a "petty offense" and as such has not been classified as a crime (either misdemeanor or felony); it is a "violation".  In New York, such violations are automatically sealed and it is illegal to report such violations to an employer on a background check. However, even if this violation is sealed to the public, typically the government or military has access to such records. I would hire a criminal defense attorney. If they can resolve this situation some other way you may not have to worry about your guilty plea.  A preferable result could be a dismissal or an adjournment in contemplation of dismissal (ACOD). The latter result means that if you stay out of trouble for six months then the case is dismissed.



  • Answered on 10/18/2009
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I am a criminal defense attorney.  I would expect to be able to get the ACOD for this case.   Give me a call if you would like to discuss the matter.  www.CriminalDefense1.com www.NYAttorneyDivorce.com



  • Answered on 10/18/2009
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